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A COLLECTION 


o® 

TREATIES, engagements: AND SUNNUDS 

BELATIUG TO 

INDIA AND NEIGHBOURING COUNTRIES. 




C. TJ. AIToMsOi^, S.C.S., 


UNDEfiJi^SECUETAKY TO THE GOYEENMENT OF INDIA IN THE 
FOEEIGN DEPARTMENT. 


VOL. ¥ 11 . 

CONTAINIKa 


THE THEATIES, &c., RELATING TO TURKISH ARABIA, THE PERSIAN 



LIEUTENANT A. C. TALBOT, B.S.C., 

ATTACHE IN THE BOUEIGN DEPARTMENT. 


CA.I.CTJTTA.: 

RE-PRINTED AT THE FOREIGN OFFICE PRESS. 
1876. 



PREFACE TO REVISED EDITION. 


Thb Capitulations with Turkey, the Foreign Jurisdiction 
Act of 1843, the Indian Foreign Jurisdiction and Extradition 
Act of 1872, and the Slave-Trade Circular of 15th Dcccmher 1875, 
though not properly within the scope of tbis collection, have 
been included in the Appendices in the belief that they will be 
found useful for purposes of reference. 


... -ih. 

slave-trade ^ . 17 

a of Bagdad re- 
dated Ctli April 

... ih. 

a Basrali to Bagdad 

... 19 

the cstahlishmoiit of 
tlie Ottoman domi- 



CONTENTS. 


3?A.I2:T I. 

TREATIES ANJJ ENGAGEMENTS delating to TURKISH ARABIA 
AND THE PERSIAN GULF. 


TURKISH ARABIA. 


NARRATIVE ... ... ... ... ... ... ... i 

I. Finnan granted b}’ Solcimau Paslia for privileges of trade to the Englisli 5 

JI. Imperial linnan for tlic protection of English coiumerce at Basrah ... ih. 
CoiiHuhir Commission from the Sultan of Turkey, dated 20th August 1764 7 

III. .lm])(n*inl Ottoman Oiploma for the establishment of a British Consulate 

at Bagdad, dated 2iul November 1802 ... ... ... 8 

IV. Turki.sh note on tlio restoration of friendly relations with the Eesidentat 

Bagdad ... ... ... ... ... 9 

V. Decree of the Paslui of Bagdad for preventing the desertion of sailors at" 

Basrah ... ... ... ... ... ... 10 

VL Dt'crcc of the Piusha of Bagdad for the restoration of Natives of India 

brouglit to "Basrah as slaves ... ... ... ... 11 

Vll. Loiter from the Pasha of Bagdad engaging to restore the privileges of 

the llcsident at Basrah ... ... ... ib,‘ 

VIII. Order of tlie Pasha of Bagdad confirming the privileges enjoyed by Bri- 

iish subjects at Basrah, dated 2nd October 1831 ... ... 14 

IX. Im])erial finnan for the protection of steam vessels navigating the 

Enphra.tevS, dated 29th December 1834 ... ... ... 15 

X. Note vorliale for replacing tbe Comet by another vessel on the Euphrates, 

dated 13th July 1860 ' ... * ... ... 16 

XI. Imperial firman for the confiscation of Turkish vessels engaged in the 

slave-trade, dated 23rd January 1847 ... ... ih. 

Vizievial instructions for the suppression of the African slave-trade ... 17 

Insi.ructions issued by the Subliino Porte to tbe Pasba of Bagdad re- 
garding the suppression of the African slave-trade, dated 6th April 
1847 ... ... ... ... ... 

X i L Engagement for the extension of a telegraph line Irom Basrah to Bagdad 

and to Ivhanakcen, dated 20th October 1863 ... ... 19 

XIII. Convention between Greal Britain and Turkey for tbe establishment of 
Icdcgraphic comnninicatiou between India and tbe Ottoman domi- 
nions, dated 3rd Sexitember 1864 ... ... ... 23 


Vll 



PEBSIAN GULF. 

NARRATIVE ... 

Wahabees 

XI Y. Declaration of tlie Waliabee Ameer engaging not to make any aggres- 
sion on States in alliance witli the British Government, dated 21st 
April 1866 

Baheein ... 

XV. Agreement of the Sheikhs of Bahrein engaging not to permit the sale of 
property procni-ed by plunder and piracy in Bahrein, dated 5th Febru- 
ary 1820 

XVI. Engagement entered into by the Chief of Bahrein for the suppression of 
the slave-trade, dated 10th May 1856 
Similar Engagements entered into by the Chiefs of Bas-oohKheimah, 
Ummool Keirweyn, Debay, Ejman, and Aboo-Dhebbee 

XVII. Convention of the Chief of Bahrein engaging to abstain from war, piracy, 
and slavery by sea on condition of British protection, dated 31st May 

1861 ... 

XVIII. Agreement of Ali bin Khuleefa regarding Mahomed bin Khuleefa’s for- 
teiture of the Chiefship of Bahrein, dated 6th September 1868 

XXI. Treaty of the Chief of Bahrein regarding the maritime truce in the 
gulf 

XXIV. Engagement entered into by the Chief of Bahrein for the suppression of 

the slave-trade, dated 8th May 1847 ... ... ... 

Maeitime Teibes 

XIX. Agreement of El Joasim engaging to respect the flag and property of 
the British, dated 6th February 1806 

XX. Preliminary Engagement concluded with the Chief of Ras-ool-Kheimah, 
dated 6th January 1820 

Similar Engagements entered into by the Chiefs of Debay, Aboo-Dheb- 
bee, and Shargah 

XXI. General Treaty with the Arab Chiefs for the cessation of plunder and 
piracy by land and sea, dated 8th January 1820 

XXII. Agreement of the maritime Chiefs for the detention and search of Arab 
vessels engaged in the slave-trade, dated 17th April 1838 

XXIII. Agreement of the maritime Chiefs for the confiscation of Arab vessels 
found within certain limits, engaged in the slave-trade, dated 3rd July 
1839 ... 

XXIV. Engagement of the maritime Chiefs of the gulf for the suppression of 
the African slave-trade in their ports, dated 30th April 1847 

XXV. Agreement of the Arab Chiefs for preserving the maritime peace of the 

gulf for a period of ten years, dated 1st June 1843 

XXVI. Agreement of the Arab Chiefs for maintaining in perpetuity the mari- 
time peace of the gulf, dated 4th May 1853 ... 

XXVII. Engagement entered into by the Arab Chiefs of the gulf for the protec- 
tion of the telegraph line and stry^ions along the coast ... 

XXVIII. Agreement of the Chief of Ahoo-Dhehhee engaging not to commit any 
breach of the maritime peace, dated 16th September 1868 



CONTENTS. 


Maritime li'8iWE.Q~-(Contd.) 

XXIX. Agreement of the Chief of El Kutr (Guttur) engaging not to commit 

any breach of the maritime peace, dated 12th September 1868 ... 70 

XXX. Agreement entered into by the Chief of Shargah for the sn|)pressioii of 

the slave-trade, dated 26th February 1873 ... ... ih. 

XXXI. Agreement entered into by the Chief of Ahoo-Dhehbee for the supin’ession 

of the slave-trade, dated 5th March 1873 ... ... ... 71 



JPJL^ELT II. 

TREATIES AND ENGAGEMENTS relating to ARABIA. 


MUSCAT. 

NARRATIVE,,. ... ... ... ... ... ... 73 

XXXII. Agreement with the Imam of Muscat for tlie exclusion of the French 

from his territories, dated 12th October 1798 ... ... 87 

XXXIII. Agreement with the Imam of Muscat for the residence of a British 

Agent at Muscat, dated 18th January 1800 ... ... ... 88 

XXXIY. Treaty with tlie Sultan of Muscat for the suppression of the slave-trade 

in his dominions, dated 27th August 1822 ... ... 89 

Additional requisition for the suppression of the slave-trade with 
Christian countries, dated 9th September 1822 ... ... 91 

Translation of a letter from the Sultan of Muscat engaging to apprehend 
British subjects engaged in the slave-trade, dated 18tli August 1815... 92 

XXXV. Treaty of Commerce concluded with the Sultan of Muscat, dated 31st 

May 1839 ... ... ... ... ... 93 

Form of Declaration made on the part of the Britisli Govoniment 
previous to exchange of the ratilications, dated 22iid July 1840 ... 97 

Form of Declaration made on the part of the Muscat Government 
previous to exchaugc of the ratifications, dated 22nd July 1810 ... 98 

Form of Certificate signed on tlie exchange of the ratifications, dated 
22nd July 1840 ... ... ... ... ... 99 

Ratifications of His Highness the Sultan of Muscat to the Treaty of 
Commerce, dated 22nd July 1840 ... ... ib. 

XXXVI. Additional Articles concluded with the Sultan of Muscat for the suppres- 
sion of the foreign slave-trade, dated 17th December 1839 ... ib, 

XXXVII. Treaty concluded with the Sultan of Muscat ])vohibiting the export 
of slaves from His Highness’ African dominions^ dated 2nd October 
1845 ... ... ... ... IOC 

XXXVIII. Rules for regulating the duties to be levied on goods transbii‘)ped in 

vessels in tlie ports of Muscat ... ... ... ... 102 

XXXIX. Deed executed by the Sultan of Muscat ceding the Ivooria Mooria 

Islands to the British Government, dated 14th June 1854 ... ib. 

XL. Letter to the Sultan of Muscat regarding the independence of Zanzibar, 

dated 2nd April 1861 ... ... ... ... 103 

Letter from the Sultan of Muscat aceex^ting the award regarding Zan- 
zibar, dated 15th May 1861 ... ... ... ... 104 

XLI. Agreement between Great Britain and France engaging to respect the 

independence of Muscat and Zanzibar, dated lOtli March 1862 ... 105 

XLII. Articles of Agreement concluded with the Sultan of Muscat for the con- 
struction of the telegraph through His Highness’ territory, dated 17tli 
November 1864 ... ... ... ... ... ih. 

XLIII. Convention concluded with the Sultan of Must:at for the construction of 
tbe Telegraph lines through Arabia and Mckran, dated 19tli January 
1865 ... ... ... ... ... ... 107 

XLIV. Agreement concluded with the Sultan of Muscat for the dfectual sup- 
pression of the slave-trade, dated 14th April 1873 108 



CONTENTS. 


V 


MUSCAT— CContd.J 

XLY. Agreement concluded with the Sultan of Muscat regarding jurisdiction 

over Native subjects of India residing in Muscat ... 109 

XLYI. Letter from the Sultan of Muscat regarding the levy of duty from dis- 
tressed vessels putting into the ports of Muscat ... ... 110 

SOHAE ... ... ... ... ... ... ... 84 

XLVII. Engagement concluded between the Sultan of Muscat and the Chief of 
Sohar as regards abstaining from aggressions on each other, dated 
23rd December 1839... ... ... ... ... HO 

XLVIII. Agreement of the Chief of Sohar for the suppression of the African 

slave-trade, dated 22nd May 1849 ... ... HI 


MACULLA AND SHE Hit. 


NAEEATIYE ... ... ... ... ... ... ...113 

XLIX. Engagement of tlie Nuheeb of Maculla for the abolition of the slave- 

trade, dated 14th May 18G3 ... ... ... ... H7 

Similar engagement entered into by the Nukeeb of Shehr ... ih. 

L, Agreement entered into by the Nukeeh of Maculla for the suppression 

of the slave-trade in his dominions, dated 7th April 1873 ... 118 

LI. Engagement of the Jemadar of Shehr for the suppression of the slave- 

trade in his territories, dated 17th November 1873 ... ib. 

ADEN. 

NARRATIYE ... ... ... ... ... ... ... 121 

Abjdalees ... ... ... ... ... ... ib. 

LII. Treaty of Commerce concluded with the Sultan of Aden, dated 6th 

September 1802 ... ... ... ... ... 133 

LIII. Treaty of Friendship concluded with the Sultan of the Abdalees, dated 

2nd February 1839 ... ... ... ... 136 

Treaty entered into by Sultan Mnhsin Fadhl engaging not to insult or 

molest the roads to Aden, dftted 4th February 1839 ... ib, 

LIY. Bond entered into by Sultan Mubsiii Fadbl renewing his professions of 

peace and good will, dated ISth June 1839 .... ... ... 137 

LY. Treaty of Peace entered into by Sultan Muhsin Fadhl, dated 11th Feb- 
ruary 1843 ... ... ... ... ... 138 

LYI. Bond entered into by the Sultan of Lahej on the restoration of his 

stipend, dated 20th February 1844 ... ... ... 140 

LYII. Treaty of Commerce concluded with Sultan of Lahej, dated 7th March 

1849 ... ... ... ... 141 

LYIII. Convention concluded with the Sultan of Lahej for an aqueduct between 

Sheikh Othman and Aden, dated 7th March 1867 . ... ... 144 

Fabhlees ... ... ... ... ... ... 124. 

LIX. Bond executed by the Fadhlee Sultan engaging to be responsible for 

outrages on tbe roads to Aden, dated 8tb July 1839 ... ... 146 

LX. Bond entered into by the Sultan of Lahej for .the security of the road 

leading to Aden ... ... ... ... ... 147 

LXI. Treaty entered into by the Sultan of the Fadlilee tribe engaging to ab- 
stain from future acts of aggressions, dated 27th May 1867 ... 148 

LXIl. Treaty entered into by the Sultan of the Fadhlee tribe regarding the 

levy of transit duties on kalilas entering Aden, dated Olli May 1872,,, ib. 



Yl 


CONTENTS. 


Akeabees ... ... ... ••• «.♦ 126 

LXIII. Treaty of Peace and Friendshii) concluded witli tlie Sultau of Akraboe 

tribe, dated 4th February 1839 ... ... ... ... 150 

LXIV. Treaty of Peace and Friendship concluded with the Chief of the 

Akrabees, dated 12th Axnil 1857 ... ... ih. 

LXV. Agreement of the Chief of the Akrabee tribe regarding the sale of 

Jebel Ihsan, dated 23rd January 1863 ... ... ...151 

LXVI. Agreement with the Chief of the Akrabee tribe for the purchase of 

Little Aden, dated 2nd A])ril 1869 ... ... ... 152 

OwLAEEES ... ... ... ... ... ... 126 

LXYII. Agreement entered into by the Owlakee Chiefs for the suppression of the 

slave-trade ... ... ... ... ... 153 

Similar Engagements were entered into by the ciders of the liabr 
Gerhagis tribe of Somalis and the elders of the Habr Taljala tribe ... 154 

LXYIII. Bond executed by the Chief of Mansoorees for the security of the roads, 

dated 13th May 1871 ... ... ... ... 155 


SUBAIHEES ... ... ... ■ ... ... 127 

LXIX. Engagement entered into by the elders of the Subaihccs, dated 19th 

February 1839 ... ... ... ... ... 155 

LXX. Engagement of Peace and Friendshix) entered into by the Sheikh of 

Southern Sub-division of the Subaihees, dated 20th February 1839 ... ih. 

Similar Engagements entered into by the Sheikhs of Wahat, A1 Abbadee, 
Zabaree, Zaidec and A1 Sherzebee ... * ... ... 156 

LXXI. Agreement entered into by the Mansooree section of the Subaihee tribe 

for the protection of the roads at Aden, dated 15th May 1871 . . . 158 

Similar Engagements entered into by Maklidoomee and Eijai sections of 
Subaihees ... ... ... ... ... 159 

LXXIL Engagement entered into by the Atafee Chiefs for the protection of 
shixnvrecked British subjects, dated 13th May 1871 ... ... 


Yaffaees ... ... ... ... ... ... 128 

LXXIII. Engagement of Peace and Erieudship entered into by the Chief of the 

Lower Yaffaees, dated 21st February 1839 ... ... ... 161 

Treaty concluded with the Sultan of the tribe of Yaffaee-el-Efefee, dated 
8th June 1839 ... ... ... ... ... ih. 


Howshabees ... ... ... ... ... ... 128 

LXXIY. Treaty of Peace and Friendship with the Hazzabee tribe, dated 31st 

January 18*39 ... ... ... ... ... 162 

LXXY. Bond executed by the Sultan of the Howshabees for the security of the 

roads leading to Aden, dated 14th June 1839 ... ... 163 


NARRATIVE 

LXXYI. 


SE3YAA. 


# 


... 165 


Treaty with the Imam of Senaa regarding customs privileges, dated 
15th January 1821 ... ... ... ...169 



III. 

TREATIES AND ENGAGEMENTS relating to AFRICA. 
DANRALI COAST AND SHOA. 

NABEATIYE ... ... ... ... ... ... 173 

TaJOURA AND ZaILA ... ... ... ... ... ih» 

LXXVII. Treaty of Comnicrco concluded witli the Chief of Tajoura, dated 19th 

August 1810 ... ... ... ... ... 177 

Peed of sale for the Island of Mussa executed by the Sultan of Tajoura, 
dated 19th August 1810 ... ... ... ... 17S 

LXX.YIIT. Tn'aty of Commerce concluded with the Governor of Zaila, dated 3rd 

September 1810 ... ... ... ... ... 179 

S(nrATiTS ... ... ... ... ... ... 171 

LXXIX. Treaty of Eriondship and Commerce concluded with the Sheikhs of the 

1 labr Awal tribe, dated Gth February 1827 - ... ... 180 

Treaty of Pcmico and Friendshli) concluded with the Habr Awal tribe of 
Somalis, dated 7th November 1850 ... ... ... 181 

Engagement entered into by the elders of tlio Habr Gerhagis and Ilabr 
Taljala. tribes of Somalis fur the suppression of the slave-trade ... 151 

Engagement entered into by the Chiefs and (dders of the Mijjertain tribe 
ol' vSoinalis for the suppre.ssion of the slave-trade, dated 20th Feb- 
ruary 18GG ... ... ... ... ... 184 

... 175 

Treaty of Cornrneree concluded with Ilis Majesty the King of Shoa, 
dated IGth November 1811 ... ... ... 185 

SOCOTRA. 

NAIIRATIVE. ... ... ... ... ... ... 189 

. LXXXIIL Agn^einent; with the Sultan of Socotra for establishing a coal depot on 

the island ... ... ... ... ... 191 

LXXXIV. Agreement with the Sultan of Socotra regarding the Island of Socotra ih 

ZANZIBAR. 

NAIUIATIVE. ... ... ... ... ... ... 193 

[.(XXXV. Jjoi.tm’ addre.ssed to the Sultan of Zanzibar containing award for the 

payment of a svibfiidy to the Ruler of Muscat, dated 2nd April 18(31 197 

Ijetter from tlu^ Sultan of Zanzibar accepting the above award, dated 
29tli3uue 18G1 ... ... ... ... ... 198 

Letter from tlie Sultan of Zanzibar engaging to pay an annual subsidy 
to Muscat, dated 25th Juno 18G1 ... ... ... 199 

Letter to the Sultan of Zanzibar expressing satisfiiction at His High- 
ness’ acc(!ptance of the above award, 22nd Augixst 1861 ... ih. 

LX XX VI. Tr(‘aty with the Sultan of Zanzibar for the suppression of the slave- 

trade, dated 5th J uly 1873 ... ... ... ... ih. 

LXXXYII. Supplementary Treaty with the Sultan of Zanzibar for the suppres- 
sion of the slave-trade, dated 11th July 1875 ... ... 201 

Ratification of the above Treaty ... ... ... ... 202 


IXXX. 

LXVIl. 

LXXXl. 

SnoA 

LXXXIT. 



CONTENTS. 


viii 

Zanztbah — (Could.) ... ... ,,, ... ll 

LXXXVIII. Proclamation by tlie Sultan ol* Zanziliar pi’olilbiiiu,<j;- (he eonv«‘yaiiee of 
slaves by land, dated IStli April 1870 ... ... ... 

LXXXIX. Proclamation by the Sultan of Zanzibar pvobibiiinn’ (lie arrival and 

lltting out of slave caravans, dated 18th April 187(5 ... ... 2( 



APPENDICES. 


Txjukish Aeabia. 

1. Capitulations and Articles of Peace between Great Britain and the Ottoman 

Empire concluded at the Dardanelles in 1809 ... ... ... iii 

Treaty concluded between Great Britain and the Sublime Porte concluded at 

the Dardanelles, dated 5th January 1805 ... ... ... xx 

2. Ottoman Order in Council, dated 12th December 1873 ... ... xxv 

Persian Gulp. 

3. Order regarding the lease of Bunder Abbas, 1855 ... ... ... cxxxv 

Agreement regarding the lease of Bunder Abbas, dated 4th August 1868 ... cxxxvii 

4. Act of Parliament 12 and 13 Vic., Cap. LXXXIV., for giving effect to Engage- 

ments with the Arab Chiefs for the sux:)pression of the Slave-trade, dated 1st 
August 1849 ... ... ... ... ... ... exl 

Muscat. 

5. Act of Parliament 11 and 12, Vic., Cap. CXXVIII., for giving effect to the 


Agreement with the Imam of Muscat for the suppression of the Slave-trade, 
dated 15th Se];)tember 1848 ... ... ... ... cli 

6. Order in Council regarding Consular jurisdiction in Muscat, dated 4th Nov- 

ember 1867 ... ... ... ... ... ... clvii 

7. Act of Parliament 16 and 17 Vic., Cap., XVI. for giving effect to the Engage- 

ment of the Chief of Sohar for the suppression of the Slave-trade, dated 

9th May 1853 ... ... ... ... clxix 

Zanzibar. 

8. Order in Council regarding Consular jurisdiction in Zanzibar, dated 9th 

August 1866... ... ... ... ... ... clxxiv 

9. Commercial Treaty between the United States of America and the Sultan of 

Muscat, dated 21st September 1833 ... ... ... ... clxxxvi 

10. Treaty of Commerce concluded between the Sultan of Muscat and the King 

of the French, dated 17th November 1844 ... ... ... clxxxix 

Memorandum on ratification of the above Treaty, dated 14th February 1846 cxciii 

11. Treaty of Commerce and Navigation concluded with the Hanseatic Eepublic 

of Lubeck, Bremen, and Hamburg, dated 13th June 1859 ... ... cxciv 

Act of Parliament 6 and 7 Vic., Cap., XCTV., for the exercise of power and 
jurisdiction by Her Majesty within divers countries and idaces out of Her 
Majesty’s dominions, dated 24th August 1843 ... ... ... exeix 

Act of Parliament 28 and 29 Vic., Cap., CXVI., explaining the Foreign Juris- 
diction Act, dated 5th J uly 1865 ... ... ... ... cciv 

Act XI. of 1872 relating to Foreign Jurisdiction and Extradition of criminals, 
dated 25th April 1872 ... ... ... ... ••• 


Slave-Trade Circular. 

Circular Instructions to Commaiiders of Her Majesty’s Ships and Vessels for 

the reception of fugitive slaves on board Ships, dated 5th December 1875 ccxiii 

YII 



PART I 


TKEATIES AND ENGAGEMENTS 

EELATING TO 


TURKISH ARABIA AND THE PERSIAN GULP. 


TUEKISH ARABIA. 

The relations of tlie British Government with the Pashas or temporary 
Governors of Bagdad are regulated more by the requirements of Euro- 
pean than of Indian diplomacy^ and by the obligations recorded in the 
Treaties between Great Britain and Turkey, which are beyond the 
scope*^” of this collection. But in connection with the early trade in the 
Persian Gulf, direct intercourse was for many years maintained with the 
Governors of Turkish Arabia without much consideration of their relation to 
Constantinople. In the year 1639 there seems to have been an English factory 
at Basrah subordinate to the factory at Gombroon and protected by firmans. 
In 1728 Mr. French, the Agent at Basrah, obtained a firman conferring on 
the Agent power to try the servants of the factory who were guilty of crime, 
and providing for the adjustment of claims on the people of the country ; and 
in 1731 he obtained another firman, fixing three per cent, as the duty to be 
taken on English goods at the port of Basrah. But the first firman on record 
is one granted in 1759 (No. I.) by the Pasha. The factory at Basrah was 
never recognized by the Sublime Porte till 1764, in which year the 
ambassador at Constantinople, with much difficulty, obtained a consulary Barat 
(No. II.) as the only efficacious means of protecting English commerce and 
the property of English subjects at Basrah. 

In 1705 it was proposed permanently to appoint an Agent at Bagdad, 
but the proposal was disapproved by the Court of Directors. In 1783, 
however, a native Agent was appointed, and in 1798 a Resident, whose chief 


* For facility of reference however the Capitulations have hecu extracted from Hertslcf s 
Tx‘caties Vol. II. and included in the Appendices to the present edition. Sec Appendix No. 1. 


VII 



2 


Turkish Arabia & the Persian Gulf— Turkish Arabia. 


Part I 


duty was to transmit intelligence overland between India and England^ and to 
w’atcli and report on the proceedings of the French emissaries in connection 
with Napoleon'’s projected invasion of India hy way of Egypt and the Eed Sea. 
In 1S02;, on the death of Suleiman Pasha^ who had governed Bagdad for 
twenty years^ and the appointment of his son-in-law Ali Pasha to succeed him^ 
Lord Elgiiij Her Majesty^s ambassador at Constantinople,, took the oppor- 
tunity to procure a cousulary Barat (No. III.) for the Resident at Bagdad;, 
whose appointment had till then never been sanctioned by the Sultan. 

On the rupture between England and Turkey in 1807; Suleiman Pasba^ 
who bad succeeded to the government of Bagdad on the murder of his uncle 
Ali Pasha; took the Residents at Basrah and Bagdad under his protection 
and persuaded them not to withdraw from the country. But after the con- 
clusion of peace in 1809; hO; for some reasons unknown; committed himself 
to a series of indignities and insults towards the Resident at Bagdad; which 
compelled the latter to withdraw. Friendly intercourse was not renewed till; 
on the remonstrance of the Bombay Government; the Pasha; on 25th January 
1810; subscribed certain conditions (No. IV.) binding himself never to 
interfere in the affairs of the Residency and to restore the former privileges of 
the Resident. 

The Bagdad and Basrah Residencies were amalgamated in 1810 ; and in 
1812 the designation of Resident was changed to that of Political Agent in 
Turkish Arabia. Two decrees were obtained from the Pasha in 1812; one 
(No. V.j for preventing the desertion of sailors and workmen from British 
ships at Basrah; and the other (No. VI.) for the restoration of natives of 
India carried off to Basrah as slaves. 


Suleiman Pasha wms deposed from office by order from Constantinople. 
Refusing to obey, he was defeated in battle and slain on 5th October 
ISIO. His successor Abdoollah Pasha was put to death by the Montafik 
Arabs in 1813; and Syud Beg was proclaimed Pasha. On receiving an 
order from Constantinople deposing him from office; he rebelled; hut was 
defeated and put to death; and succeeded in the government by Daood 
Lffeiidi. The conduct of this Pasha towards the Political Ag’ent was so 
insulting and overbearing; that it was impossible to land goods at 
Basrah; or to recover debts from native dealers; without an unseemly 
quarrel. In 1821 he besieged the Residency. He afterwards removed 



Part I Turkish. Arabia St the Persian G-ulf—Turkish Arabia. 3 


the restrictions on the movements of the Political Agent and permitted him 
to withdraw from the country. The establishments at Basrah were with- 
drawn. Friendly relations with the Paslia were broken off^ and not renewed 
till the Pasha agreed (No. VII.) to restore the former tarlfE^ to repay all he 
had levied in excess of it_, and the value of all goods injured or destroy ed^ 
and to treat future Agents of the British Government and all travellers with 
respect. 

On I2th June 1831 Daood Pasha was removed from ofiSce and Hajee 
Beza Pasha was appointed in his stead. On his accession he issued a Booyoo- 
roldi or order (No. VIII.) confirming the privileges enjoyed hy British 
subjects. In 1834 a scheme was formed for overland communication between 
India and England by the Persian Gulf and Turkish Arabia. Two steamers 
were sent out from England to open the route and navigate the Euphrates. 
A Firman (No. IX.) was granted by the Sultan of Turkey for the pro- 
tection of the steamers. In addition to these two. vessels an armed despatch 
boat; the Comet, was for many years attached to the Residency for service in 
the waters of Turkish Arabia. In 1864 the Porte sanctioned provisionally the 
continued stay of the Comet and in 1869 consented (No. X.) to a new 
vessel of war being sent to replace her. 

In 1835 the Political Agent in Turkish Arabia, who had hitherto been 
under the Bombay Government, was ^Dut directly under the control of the 
Supreme Government. In 1841 Consular powers were conferred on the 
Agent by Her Majesty^s Government. The exercise of those powers is now 
regulated by the Order in Council of 12th December 1873.'^ 

The measures which the British Government adopted for the suppression 
of the slave trade in the Persian Gulf could not be made effectual so long as 
the Turkish ports remained open to vessels engaged in the traffic. In 1847, 
therefore, Her Majesty^s Minister at Constantinojple obtained from the Sultan 
a Firman (No. XI.) which Was supplemented by vizierial instructions to 
Niijeeb Pasha, then Governor of Bagdad. These documents authorized the 
confiscation of Turkish vessels engaged in slave trafiic, the exclusion of Arab 
and Persian slavers from Turkish ports in. the Persian Gulf, and the delivery 
of liberated slaves to British vessels to be carried back to their native country. 


See Ai^pendix ISTo. II. 



4 Turkish. Arabia & the Persian Q-ulf— Turkish Arabia, Part I 


In October 1863 an Engagement (No. XII.) was made with the 
Sublime Porte for the continuation of lines of telegraph from Bagdad to 
Basrah and from Bagdad to Khanakeen, in order to meet the Indian telegraph 
by way of the Persian Gulf and the line through Persia to the Turkish frontier : 
and in 1864 a Treaty (No. XIII.) was concluded between Great Britain 
and Turkey for establishing a telegraphic communication between India and 
the Ottoman territory. 



Part I Tnrkisli Arabia &; tiie Persian Gulf— Turkisli Arabia— Ho. II, 5 


No. I. 

Tkaxslatio:s' of SoLEIitA^' Pasha's Geneeal FrE3IA^~. 

To the chief of the Siads^ Zous^and Freeholders^ our Aga, the MotusuIIim 
of Bussoi\% for the time being (whose state God increase) , be it known unto 
yon that my commands are as follows : — In the city of our great Sultan 
called Biissora^ there is an English Balios^ or chief of the merchants^ &e.;, his 
nation being in peace with our high Porte (whose grandeur God eontiniie 
everlastingly) ; therefore^ there in his hands the high and respectable capitula- 
tions of our lofty Porte^ to which all submission must be paid;, and it behoves 
all men to obey the orders therein contained. Therefore^ in the manner that 
it is commanded and ordered in said high capitulations^ article by article, 
whether regarding the cnst-oms and all things relative thei'eto, or whether 
regarding other matters, or whether the respecting, favouring, assisting, and 
protecting the said English Balios and his effects agreeable to the said high 
capitulations, you must, as ordered by our great Sultan, in all things conform 
and pay obedience thereto, and you must not in any the least respect depart 
from, or act contrary to, said respected capitulations ; and this our Booyooroldi 
or order I send you for this purpose. When it arrives you he it known unto 
you that it is by us directed that, conformable to the said high capitulations, 
which are the commands of our great Sultan, the English Balios you are to 
aid, assist, and protect, and in all other respects you are to pay obedience 
thereto, and from the letter of the said high capitulations you must not in 
any respect depart, and agreeable to this our order or Booyooroldi you are 
commanded to act. 


L. Signandi. I 
Mohurrun j 
1173. I 


No. 11. 

Litebae teasslatiost of the Impeeial Pieman constituting Eobeet Gaeben, Esq., Consul 
in Bussoea, issued on the 27th day of the month Suffee in the year of the Hegiea 1178. 

(S(i) Samuel Maxesty, 

Ilesident, 

In these times the English ambassador residing at our Court, Henry 
Nevile, Esq., has presented to us a formal memorial to the following effect, 
that the English Envoys at Aleppo, Alexandria, Tripoli in Syria, the Grecian 
Islands, Tunis, Tripoli in Barhary, Scio, Smyrna, and Egypt, and all the 



6 Turkish Arabia & the Persian Gulf— Turkish Arabia— Ho. II. Part I 


other considerable town having* scales or ports in our dominions^ may have the 
power of appointing Consuls of their own nation ; and; in the event of their 
choosing to change any of them and appoint others in their room; that no 
person may be permitted to interfere or to prevent suoh an arrangement. 
NoW; be it known that former agreements have established this. Moreover; 
it appears that before the present period the East India Company had sent a 
person to Bussora; by name William ShaW; Esq.; to represent them and 
superintend their affairS; who has not possessed of any Consulary Birat ; but 
upon the expiration of his period of service and his removal; they appointed 
in his room the bearer of these royal letters; Eobert Garden; Esq.; who was also 
furnished with a Commission from the Company. NoW; according to the 
tenor of former engagements as well as in compliance with the wishes of the 
ambassador; it became proper and necessary to deliver the Birat in question 
into his hands. We have accordingly consigned to him our royal diploma. 

According to what we have written; the aforesaid Robert Garden; Esq.; 
is constituted British Consul; under the regulations to be here explained by us 
as well in regard to his latitude of action; as the conduct to be observed 
towards him. 

1st , — He is nominated and appointed Consul in Bassora. 

^jid , — He shall have full and sole power of taking cognizance of all 
affairs concerning those of the nation to which he helongS; such as captains 
of shipS; merchants; and also all who may be under the protection of the 
English flag ; all matters relating to the above are to be under his peculiar 
care. 

Without his express written order; no English vessel shall be permitted 
to come to Bussora. 

The servants of the Consul shall not be subject to the poll tax or any 
other species of tax or tribute. Their butcliers shall not pay any duty; and; 
in fine; the aforesaid description of persons must be protected from any kind 
of contribution. 

In the event of their purchasing male and female slavcs; they shall alsa 
be exempted from the above-mentioned duties. 

No person shall interfere in respect to their furniture; their eata1)les or 
drinkahleS; for these have been privileges of old standing ; such articles too 
shall be free from customs. 

No person shall dare to imprison or put in fetters the Ambassador; the 
Consul; or their AgeutS; neither shall they seal up their houses ; and should 
the Consuls where they reside have with them a military detachment; and 
wish to place them in separate houseS; let none molest them for so doing. 

We repeat that their male and female servants are to be exempted from 
taxeS; as are their butchers from dutieS; all which exemptions arc of old. 

In the event of the Consul conceiving himself aggrieved; or any person 
having cause of complaint against him; wG; in conformity to former agreements; 



Part I Turkisti Arabia & the Persian Gulf— Turkish Arabia— Ho. II. 7 


hereby order that the matter shall be referred to our Court for decisioHj and 
that you shall not hear the discussion elsewhere. 

Should the aforesaid Consul happen to travel, in whatever part he may 
choose to visit, either by sea or land, he, his suite, servants, cattle, and goods 
shall be sacred from an}" harm, and upon his return, should be, from not being 
provided with a stock of necessaries, wish to make requisite daily purchases on 
the road, let none refuse to supply him, or dare to engage in disputes with 
him. 


In places where danger may be apprehended, they shall be permitted to 
w^ear the turban and the sw^ord, to ride on iiorselmck, to carry the bow, spear, 
and all the appurtenance of wur, and whatever Cathies or others should see 
them so provided, they are not to molest them. 

But should they exceed the hounds of these agreements, privileges and 
concessions, you are to check and prevent them, for*such salutary restraint and 
observance of good order is necessary. 

To all future times these regulations and instructions shall be valid, for 
we wuli not sniffer the least infringement thereof, nor shall w^e sanction any 
excess. 


Birat or Consular Commission, 

We, the Ptight Honourable Henry Grenville, Ambassador to His Majesty 
the King of Great Britain, at the Ottoman Porte, &c., Szc. 

To all whom these presents may concern greeting. 


h- S. H. Grexville. 


Having judged it very proper and necessary to grant this present for the 
service of the Honourable English United East India Company, as also for 
the better security and prosperity of their affairs in trade at Biissora, and also 
when in the Ottoman dominions, as also to secure and assure a protection to 
all persons in the respective Residencies of their Agents and Ministers, that 
from thenceforth there be established a Consul wuth ample and full pow-er 
over all belonging to his charge to execute the above-mentioned. 

Be it therefore knowm that we, by virtue of authority granted us by 
royal letters patent under the great Seal of Great Britain, and conformable to 
an Imperial Birat granted by the emperorh Sublime Porte and the Sultan 
Mustafa, son of Sultan Ahmed, always victorious : By these presents w^e declare 




8 Turkish Arabia <& the Persian G-ulf— Turkish Arabia— iNo. III. Part I 


and acknowledge the illustrious Mr. Robert Garden^, the present Agent of the 
said Honourable Company (or also their future Agents), and whoever be Agent 
in future and whoever be British Consul for transacting their affairs in the city 
of Bussora, or other places thereto belonging, or dependent thereon, granting, 
however, to the said Mr. Robert Garden, or even to any who shall be Agent in 
future, full and ample power in all things belonging to his charge, and in this 
respect we order all His Britannic Majesty^s subjects to acknowledge him in 
other quality of British Consul, praying their Excellencies the Honourable Pasha 
and other Officers, Ministers, and ACagistrates of the Ottoman Empire, to whom 
these presents shall be shown, to suffer them freely to enjoy and amply and 
peaceably to enjoy their Consulship, and to aid them with their assistance, 
protection, and favour, whenever their occasions lead them to have recourse to 
them, conformable to the good and ancient friendship subsisting between the 
Crown of Great Britain and the Sublime Porte and conformable to the sacred 
capitulations. 

In faith of which we have signed these presents with our own hands and 
have caused it to be countersigned by our chief Secretary, applying thereto 
the royal Seal of our embassy. 

Bone in ou7' palace of B 67' a at Co7ietantmopU tide Anguct 1764. 


No. III. 

TejlXSlatiox of an Impeeial Ottoman Diploma granted to Harpoed Joxes, Esq., 
British Consul of Baobad and the environs. 

At the request of Lord Elgin, English Ambassador to the Sublime 
Porte, in a memorandum given to us by him, to wit, that in consequence 
of the capitulations, the English Alinister having named Consuls at the 
ports of Aleppo, Alexandria, Tripoli of Syria, Algiers, Tripoli of Barbary, 
Tunis, Scio, Smyrna, Egypt, and other ports requiring custom houses, 
and wishing shortly to change or replace them by others, and having for 
the present assigned and established as Consul in the city of Bagdad and 
its environs, Harford Jones, Esq., a British subject, and residing in the 
said city of Bagdad, in order to protect the affairs of British merchants 
established there, or of travellers, we have given him our Imperial Birat 
in conformity with the requisitions of the said capitulations, confirming 
and ordaining the said Harford Jones, Esq., as Consul in the said city of 
Bagdad, that in conformity with the said capitulations the affairs of 
merchants and travellers under the protection of the British flag in this 
country, in cases of difficulty arising, should be referred to him, and that 
the departure of all vessels should take place only under his cognizance, 



Part I Ttirkish. Arabia & tbe Persian G-ulf— Turkish Arabia— IV. 0 


and that no public servants under his orders should be molested under the 
pretext of tribute^ or certain regulations, entitled Kharatz^ neither of others 
named Avariz^ nor of such as is levied by ships called Cassah Alceesd^ or other 
arbitrary impositions called Tehialifi Orfi/e; that no one shall exact the 
Kharatz nor other dues for male and female slaves in his service^ and that no 
person shall interfere nor obstruct the domestic afEairs of the said Consul^ but^ 
on the contrary, they shall be free from all impositions according to the pre- 
vailing customs, neither shall they be subject to the customs or excise duties; 
that the Consul being established by the British Ministers is not subject to 
imprisonment; that his house cannot be closed or searched, or have any body 
of- troops lodged therein ; that assistants and slaves belonging to him shall be 
free and exempt from Kharatz and Avariz, Cassah AJceessi, Tehialifi Orfye-^ 
that any complaint made by any person against him shall be referred to us 
and cannot be disposed of by any other means ; that should the said Consul 
find it necessary to travel into any part of the country, either by land or by 
sea, at any stations or ports he may arrive at, no one shall molest him or his 
servants, or cattle, or baggage, guides, or any thing connected with him ; that 
any captain of country vessels on being paid shall be compelled to carry his 
provisions according to the prevailing regulations, and that no one shall seek 
pretext for disputes against him ; and that in dangerous parts of the country 
he be allowed to wear a white turban, sabre, bow, or other warlike instruments. 

That all judges and commandants or others shall not molest him, but 
shall assist and protect him, and shall prevent any one from throwing obstacles 
in his way, and always behave towards him in conformity with the capitu- 
lations, and that no one shall presume to oppose, but, on the contrary, shall 
give every credence to this decree, given under our most respectable and noble 
Seal. 


Given mder our hand this 1th day of the moon of Rejih 1^17, that is to 
say^ %nd Novemher 1802, at oicr city of Constantmoyde, 


No. IV. 

Liteeai, Teaxslation of the Toekish note delivered in by the Resident to the Pasha 
as the TEEMS on which the eeconciliation was to be effected, to the contents of 
which the Pasha signified Ins unqualified assent. 

Article 1. 

The Pasha must renounce all species of authority or command in any 
shape over the Resident, as such is neither warranted either by usage or the 
treaties. 


VII 


2 



10 Tiirkisli Arabia & the Persian Gnlf— Turkish Arabia—IiTo. V. Part I 


A]R.TICLE 

Tlie Pasha shall never, on any pretext whatever, interfere in any manner 
with the affairs and arrangement of the Resident respecting his establishment, 
his customs and rights, his beating drams, &c., &c., and there shall be, on 
no account, objections made to any of the Resident's orders, as such matters 
in no way concern the Pasha, nor come under his cognizance ; particularly 
there shall be no objection made to the celebration of His Britannic Majesty'^s 
birth-day in the most public manner, with all the necessary ceremonies. In 
a word, there shall be no species of objection or interference in any of the 
Resident's states and ceremonies. 


Article 3. 

The Pasha shall never prohibit the customary interchange of visits be- 
tween the great officers of the Turkish Government and the Resident. 

Article 4. 

The Resident has never, nor will ever, show the least disposition to any 
undue interference in the Pasha^s affairs or government, and will show every 
readiness to comply with the Pasha^s wishes, provided they do not interfere or 
are not contrary to any of the Articles of this Treaty, or the interests of the 
British Government ; and so it is agreed for the benefit of both parties. 

Article 5. 

"Whenever the Pasha shall have any business with the Resident, he shall 
make it known to him by one of his own confidential men of rank ; also 
should the resident ever have any important business, and demand confidential 
persons on the part of the Pasha to converse with, there shall be no objections 
made to it, and the person required shall be immediately sent ; the benefits 
arising from this Article are clearly reciprocal. 

Article 6. 

There shall be no equivocation in any of these Articles. Should any 
doubts hereafter arise relative to any particulars contained in the Articles 
(especially Article 2), the explanation of it shall be in favour of the Resident. 


No. V. 

Decree of the Pasha of Bag-dad in 1812 for prevextihg the deseetiox of sailors at 

Bussora. 

It is declared that the sailors and those who work on hoard the cruizers 
and merchant ships of the British Government, sometimes by drunkenness or 



Part I Turkish Arabia & the Persian G-ulf— Turkish Arabia— Ho. VllX/li 

V ^ 


other oSences^ incur the displeasure o£ their captains^ and become liable to 
just and necessary punishment and correction ; and moreover, be it known 
that should the sailors or workmen aforesaid, in order to escape such chastise- 
ment, take refuge with, and expect protection from, either yourself or the 
head captain of Shutel Arab (vulgarly called the captain Pashaj you shall 
by no means afford them protection, but deliver them up to the Agent at 
Bussora of the esteemed Resident of the British Government at Bagdad, in 
which intention this order has been written, decreed, and transmitted. 
When this shall reach you by the power of the Most High, you will imme- 
diately regulate your conduct and act by the decree contained in it. 


No. VI. 

Deceee of the Pasha of Bagdad in 1812 for the restoration of natives of India brought 

to Bussoea as slaves. 

It is declared that, in consideration of the amicable relations subsisting 
between the sublime government of perpetual strength and internal stability 
(i.e.j the Porte) and the British Government, whose friendship it behoves us 
to cultivate, should the captain or crew of ships trading on the seas, whether 
belonging to Bussora or Muscat, steal and bring subjects of the aforesaid 
government in India, either males or females, natives of India, for sale at 
Bussdra^in the manner of negro male and female slaves, and the Agent of the 
esteemed Resident at Bagdad for the British Government established at 
Bussora prove that the aforesaid male and female slaves are not negroes, but 
natives of India, who have been kidnapped, they shall be taken from the 
hands of the thieves and despoilers and delivered up into his hands, and for 
carefully establishing this clear law in the government this order is written, 
decreed, and transmitted with the power of the Most High. When this shall 
reach you, you will immediately regulate your actions and conduct by the 
Articles contained in it. 


No. VII. 

Translation of a letter from His Highness the Pasha of Bagdad to the Political 

Agent at Bussora. 

After Compliments. — The Dragoman of the English nation has arrived 
here, bearing a sealed despatch from the government and a letter from your- 
self containing the following demands : — 


Article 1. 

A compliance with all stipulations contained in the Imperial Treaties and 
regal firmans, ancient or recent. 



12 Turkish Arabia & the Persian Grulf— Turkish Arahia—No. VII. Part I 


Article 2. 

The restitution of whatever was talren from Mr. Sturmey above the pro- 
per rate of customs^ and of such property of Mr. Seoododa as was damaged 
or lost. 


Article 3. 

Whatever may he deemed to constitute the complete safety in every 
respect of the life^ property^ and honour of all agents or vakeels of the govern- 
mentj of their protected dependants and subjects^ together with an attentive 
regard for their views, wishes, a due estimation and honouring of them, and 
an admission of their rights to grant asylum, and all other claims according to 
their ancient rights and customs ; and that they may entertain as many 
.servants as they see necessity for. 

Article 4. 

Should hereafter an agent, not an Englishman, he established at Bagdad, 
he shall unquestionably meet with every proper honour and consideration as it 
is due to his station. 


Article 5. 

Bills of exchange shall not be taken from their shroffs by force, nor 
money from their dependants or proteges by compulsion, nor shall te«QiJorary 
or arbitrary taxes of any kind ever be levied on their landed or other property 
contrary to their due right and custom. 

Article 6. 

No tax, except one previously well defined and arranged, shall be levied 
on boats the property of British subjects and proteges ; such, for instance, as 
pass between Bussora and Bagdad ; nor shall their boats be seized for the 
public service ; nor shall the property of merchants being British subjects or 
proteges arriving at Bagdad, otherwise than as is usual on the arrival of the 
same at Bussora, enter the custom house contrary to stipulation and covenant. 


Article 7. 

Should British subjects and proteges lose any property in the town or on 
public roads, and by theft or plunder, every exertion shall promptly be made 
to recover the same. 


Article 8. 

Should any dependant of the government suffer from any of our sub- 
jects offence or injury, the injured individual shall receive immediate satisfac- 
tion and reparation. 



Part I Turkish. Arabia &; the Persian Gulf—Turkish Arabia— Ho. VII, 13 


Article 9. 

In commercial dealings goods having been bought shall not be returned 
except on legal and just plea ; and commercial disputes shall be adjusted by 
an assembly of merchants according to mercantile usage. 


Article 10. 

Should British or Indian seaman desert^ they shall not be forced to 
become converts to Islam^ and in case of their willing conversion, they shall 
be subsequently delivered up to their duty in order to prevent any detriment 
to the interests of the ship. 


Article 11. 

A spot shall be assigned on lease to the Resident for a house and garden 
wherever he may point out. 


Article 1£. 

The proven claims of British protegfe to be enforced on whomsoever of 
our subjects it may be, without the smallest loss or injury to the claimants. 

We have considered and fully comprehended these demands, in like 
manner also as we are convinced of the very great and faithful regard of 
His Imperial Highness for the English nation ; with regard, therefore, to 
such part of them as are contained in those Imperial Treaties and royal 
decrees which are in their hands, it has even been fulfilled to them hitherto, 
and we shall continue likewise to observe it in time to come, and this too, in 
due consideration of the fulness of that valued friendship and the abundance 
of ancient and lasting' unanimity which has existed between the two States 
in ages past. 

With respect, however, to the overplus of customs taken from Mr. 
Sturmey and the goods lost to Mr. Scoododa, we have made investigation and 
discovered that the circumstances occurred by chance and not from premedita- 
tion ; we have consequently returned them to the Dragoman above mentioned, 
as we cannot consent to any conduct towards the British Government con- 
trary to Treaty and covenant — our friendship for them being of ancient date— 
and also in compliance with the engagements of our predecessors up to the 
present date. 

In conformity, therefore, with the firm and lasting alliance formed be- 
tween the Imperial and British Governments with a view to confirm and 
secure the foundation of that faithful alliance and to strengthen the bonds of 
the immutable and important union set forth in the Imperial Treaties and 
royal edicts which are in their possession, and in conformity with ancient rule 
and former precedent, we have agreed to the observance of all the stipulations 



14 Turkish Arabia & the Persian 


Gulf— Turkish Arabia— No. VIII. Parti 


above mentioned, and have sealed this instrument as a proof our consent, 
and delivered the same into the hands of the Dragoman aforesaid. 

Be you therefore informed of this and consider it as fully efficient. . 


Seal 

of Daood 
PasUa. 


No. VIII. 

Teansiation of a Botooeooldi from His Highness Hajee Ali Heza, Pasha of 
Bagdap, Aleppo, Biaebekie, andMotrsuL, to the Political Agent at .Bussoka, 
dated the 27th Rubee-oos-sanee a. h. 1247, or 2nd October A. n. 1831. 


Official 

Sign. 


To the spiritual leader of Islam^ the Lieutenant (of the Qadhee of Con- 
stantinople) at Bussoruj to His Excellency the Muftee Effiendi of IhisHora, 
whose piety and excellence be increased^ to the Chief of the exalted Ministry 
and Government the Motusullim Aga^ he his rank and station increased^ and 
to the elders and men of weight of the Council and country, whose dignity 
be magnified. In reference to all affairs supervening at Bussora, and relating 
to the excellent Resident of England, the high and exalted Mr. Taylor, Balios 
Beg residing with our eternal government, and in observance of Ins rigiits 
and those of his agents, interpreters, and all his proteges and dependants, and 
of all the subjects of his government, and the merchants and ships arriving 
from Hindoostan, according to the stipulations and Treaties which have been 
arranged and ratified with our exalted State : as they have been held in times 
preceding, to which we adhere, and for which we even exceed the former regard 
out of a wish to protect their rights ; so you also the Nayeb Effiondi, and 
. Muftee Effendi, and Motusullim Aga, and Ayan (inferior ministers) will in 
likewise deport yourselves towards, and protect the rights and regard the 
just claims of the dignified Mr. Taylor, Beg, his agents, interpreters, proteges, 
and dependants, and the subjects of the government arriving from IlindooBtan, 
and their ships and merchants, and all others soever, conformably to what we 





Part I Turkish Arabia & the Persian G-ulf—Turkish Arabia— No. IX. 15 


have proniulgated Mii this our Boyoorooldi^ which you will on no account 
infringe : and thus be it known unto you. 


No. IX. 

Teansla-tion of an Impeeial Tieman of peotectiok for the English Steam Vessels 
destined to navigate the Eivee Eupheates, dated 29th December 1834. 

To their Excellencies the Viziers, Pashas of three tails, to the illustrious 
Miri Mirans, Pashas of two tails, to the learned Judges, to the Wainadas, 
Captains of Ports, and other Magistrates of places situated on both banks of 
the Euphrates, health. 

On receiving the imperial command, you will know as follows ; — The 
Ambassador Extraordinary and Plenipotentiary of Great Britain at Con- 
stantinople, Lord Ponsonby, one of the most illustrious personages among the 
Christian nations, has presented at our Sublime Porte an official note, by 
which he intimates that the British Government requires permission to cause 
to navigate by turns two steam boats on the river Euphrates which flows at 
a small distance from the city of Bagdad, for the purpose of facilitating 
commerce. 

We in consequence issued to our very illustrious governor of Bagdad 
and Bussora, Ali Eeza Pasha, an order to furnish our Sublime Porte with 
information of the proposed navigation. 

Although the answer of the Pasha had not arrived, the Ambassador made 
representations on this point, informing our Sublime Porte the British 
Government awaited our reply. 

Eor this reason we have and do permit two steam boats to navigate the 
Euphrates by turns, and this navigation is to continue as long as, conformably 
to what has been represented to us, it may prove useful to the two powers, 
and no inconvenience result therefrom, and it is to this purpose that an 
official rule has been transmitted to the British Ambassador. 

A firman couched in the same terms has been addressed to the Pasha of 
Bagdad and Bussora. 


Le 13 Juillet. 


Sublime Porte. 



16 Turkish Arabia & the Persian Gtdf-Tur. Arabia— Nos. X. & XI. Part I 


No. X. 

iSTote Veebale. 

13 Jnillet. 

En reponse h la note verbal de Y Ambassade de S. M. Britannique en 
date du 23 Juin, le Ministre des Affaires Etrang^res a Tbonneur de J^iiiformer 
que la S. Porte consent an remplacement par un autre navire du bdtement de 
la Marine Eoyal La Comete, se trouvant sur les rivieres de Mesopotamie, et qu’ 
elle a transmis des ordres en consequence au Governeur-General du Vilayet 
de Bagdad. 

A r Ambassade de S. M. Britanniqnej &c.j &c.j &c. 


No. XI. 

Teai^slation of an Impeeial Fieman addressed to ihe Valee of Bagdad, dated in tlie 
beginning of Sufier 1263, or end of January 1847, communicated tbe 23rd January 
1847. 

To tlie Valee of Bagdad, — Ordained (tliat) whereas, althougli special 
con-ventions have been entered into between the British Government and 
certain rulers in Africa for the purpose of preventing the exportation of black 
slaves from that country to (the ports of) America and to other places, certain 
merchant ships contrive to kidnap slaves from the African coasts, and 
continue to transport them to other places, owing to which the provisions of 
the aforesaid convention cannot be carried into execution ; a I'equest has been 
therefore lately made on the part of the British Government that the neces- 
sary measures should be adopted in this matter by my Sublime Porte with 
reference to those places ; and whereas the inhuman and barbarous treatment 
adopted with regard to kidnapped slaves in the places to which they are 
transported is not like unto (that adopted towards) slaves coming to these 
places, and that the prevention thereof would be both just and com- 
misserate : It is therefore my supreme and imperial will that the slave trade 
carried on, on the aforesaid coast by the merchant vessels tinder my imperial 
flag be henceforward entirely prohibited, that any (vessels) acting in contra- 
vention to this prohibition and captured by the ships of my imperial fleet which 
by the grace of God are to be sent into those waters, or taken by the British 
ships of war cruizing in those parts and delivered up by them to the Authori- 
ties of my royal ports in the Gulf of Bussora, be taken possession of by my 
Sublime Porte, and that the captains thereof be punished ; that those whom 
it may concern be peremptorily warned thereof, and that the utmost care and 
attention be paid to the full and perpetual observance of the present prohibi- 
tion, and to the punishment of those acting in contravention thereto 
as aforesaid. 



Part I Turkish Arabia &; the Persian Grulf— Tur. Arabia—ITo. XI. 17 


You_, therefore^ who are the Valee of aforenamed^ will act conformably 
(hereto) j and beware of transgressing^ (these orders). 


Teanslation of a communication made b3" tbe Pobte to Her Majesty’s Embassy. 

A vizierial letter^, dated the 10th September (^7th January 1847); has 
been addressed to the Valee of Bagdad as follows : — 

An Imperial Firman just issued concerning the prohibition to the export- 
ation of black slaves from Africa to America and other places is herewith 
transmitted to your Excellenc}^; and it is the supreme command of His Majesty 
that you should be careful to enforce the orders contained in it. 

Without entering into unnecessary details (on the subject) with your 
Excellency it is necessary to observe that, as the publication of this Imperial 
Firman will not be without its objections; you should keep it by yoU; and, 
without any reference whatever thereto; duly issue the orders contained iii it 
to the Authorities of such places as may be requisite. 

His Majesty has moreover ordered that towards next spring some vessels 
of the imperial fleet should be sent (God willing) to superintend the full 
execution of this interdiction; as well as to promote the welfare of those 
coasts as heretofore ; and whereas it would be productive of loss to some of 
His Majesty^s subjects ignorant in the beginning of the prohibition of the 
execution thereof were to be enforced contemporaneously with its promul- 
gation : the publication of these orders are to be made by you on the receipt 
of this despatch. You will also make known that they are to be in full 
vigour four months after the date hereof, that iS; after the 10th of Suffer (27th 
January 1847); and that the slaves which may be on board any merchant 
vessel^: under the Ottoman Flag; which shall have dared to act in contra- 
vention thereof; after the expiration of the aforesaid period; and which having 
escaped the vigilance of the Authorities on their passage may enter any of 
the Turkish ports, shall be taken possession of and detained. 

You will also adopt suitable measures for sending back to the place from 
which they may have been kidnapped, the slaves arriving in any of His 
Majesty ^s ports. 


Copie Oeeicielle d’mie lettre addressee par le Grand Vizier an Pasha de Bagdad en 

date 6th Avril 1847. 

Traduction. 

J^ai informe V. Excellence par une depeche que je vous ai ecrite der- 
nierement relativcment h la defense aux batimens sous pavilion Ottoman de 
faire le commerce des csclaves avec Ics cotes d^Afrique qu^en consequence des 

3 


VII 



18 Turkisla Arabia & the Persian Gulf— Tur. Arabia— No. XI. Part I 


orclres proliibitifs qui out ete donnes k eet effet^ les batimens Ottompis qiu 
apres Fespiration du terme qui a ete fixe auront Faudace de contrevenir a ccs 
ordres, et qui auront ete arretes pour cela^ seront confisques avec les escuivos 
qiFil j aura a bord^ mais pour prevenir les mal-ent endues et la confusion il cet 
egard, je veux donner sur cette question les eclaircissemens suivans. 

Votre Excellence salt qu'il j a dans ces environs Ik des Gouyernements 
et des Imcms independantSj et cela etant, les cliatimens dont il s^igit iie 
peuvent pas etre appliques a leurs batimens. II faiidra done se bonier, a 
F%ard de ces batimens, a leur defendre de transporter et d^introduirc des 
eselaves dans les ports de la S. P. qui sont dans le Golfe Persique et s’ils en 
viennent Votre Excellence aura seulement k les renvoyer et k les eloigner. 
Ainsi V. E. voudra bien donner aux autorites eompetentes les ordres iioces- 
saires dans le sens au-dessus explique. 

aO Eehi-al^AIcJdr 1263. 


Teanslatiox. — ^I xsTEUCTioNs to Nejib, Pasha of Baodau, about the African Sravks. 

As your Excellency well knows, I have stated in the despatch 1 wrote 
to you, in consequence of the firman issued for the purpose of prohibiting the 
transport of black slaves from Africa to America and other places, that it 
will he necessary to take measures for sending back conveniently to the |)hun's 
whence they had been kidnapped, those slaves who shall come to any port of 
the Ottoman Empire in vessels under the flag of the Sublime Porte. 

But on thinking again on this matter, we found that this plan is not 
quite exempt from inconvenience, for it is not improbable that tlie slaves 
should fall, while on their way home, into the hands of people dealing iu 
slaves, and experience again all sorts of misery. 

Now the slaves who shall have been liberated from the hands of the 
merchants are naturally become thus free, and they may, of course, act as 
they like. Such of them, then, as will not return, but choose to remain, 
cannot be forced to go, and they must be allowed to stay where they please. 

But humanity requires that measures should be taken to send safely to 
the place of their destination those who wish to return, and, therefore, it has 
been thought expedient, and the Sultan has given orders to that effect, that 
those among them who wish to return should be consigned to the British 
Authorities in those environs, put on board the British men of war, or on 
hoard other vessels which shall be assigned by the English, and sent away. 

This matter ha.s been talked of with the British embassy, anti your Ex- 
cellency will therefore talk about it with the British Consul at Bagdad, and 
send the analogous instructions to the competent Authorities ; and as to those 



Part I Turkish Arabia & the Persian G-ulf— Tur. Arabia—lJro. XII. 19 


among the slaves that have been captured^ who may wish to renpiain in this 
country, your Excellency will take care to furnish them with a Tezkere^, that 
they may not be molested by any body whatever after that. 


No. XII. 

Engagement for the extension of a Telegeaph Line from Bagdad to Btjssoea and 

to Khanakeen, 


Thanslation. 

Consequent upon the exchange 
of notes which has taken place be- 
tween the Embassy of Her Britannic 
Majesty and the ministry of Foreign 
Affairs of His Majesty the Sultan 
on the subject of the extension of 
the line above ground from Bagdad 
to Bussora and to Khanakeen, with 
the object of connecting by two 
different lines the Indian telegraphs 
with the telegraphic net-work of 
Europe, the Ambassador of Her 
Britannic Majesty at the Sublime 
Porte and the Minister of Foreign 
Affairs of the Sultan, with a view 
to this, have decided on the follow- 
ing arrangement : — 

Autiole 1. 

The Ottoman Government will 
extend at its own expense — 

1. The line above ground from 
Bagdad to Bussora. 

2. It will construct a line above 
ground from Bagdad to Khanakeen 
on the Persian frontier. These two 
lines shall consist of two wires, of 
which the one shall be kept exclu- 
sively for direct messages. 

Aeticle 2. 

The Indian Government, on its 
side, at its own cost, shall carry the 
Indian sub-marine cable, which Joins 


Peotocol. 

A la suite d^’un echange de notes 
qui a eu lieu entre TAmbassade de 
Sa Majeste Britannique et le Minis- 
tre des Affaires Etrangeres de Sa 
Majeste le Sultan, an sujet de la pro- 
longation de la ligne Aerienne de Bag- 
dad Jusqu^h Bussora et Khanakain, dans 
le but de relier par deux lignes differ- 
entes les telegraphes Indiens au reseau 
tel%raphique de FEurope FAmbassa- 
deur de la Heine de la Grande Biitain 
pres la. Sublime Porte et le Ministre des 
Affaires Etrangeres du Sultan, en vne 
d'^assurer la realisation de ces entre- 
prises, ont arrete Farrang-ement sui- 
vant : — 

Auticlb 1. 

Le Gouvernement Ottoman fera pro- 
longer h ses frais : — 

1. La ligne de Bagdad k Bussora. 

2. II construira une ligne Aerienne 
de Bagdad Jusqu^’a Khanakain, siir la 
frontiere Persane. Ces deux lignes se- 
ront k deux fils, dont Fun sera destine 
au service exclusif des messages directs. 

Article 2. 

Le Gouvernement Indien portera, de 
son cote k ses frais le cable sousmarin 
Indien, aboutissant k Bushire, soit k 



20 TurMsh Arabia & the Persian Grulf— Tur. Arabia— No. XII. Part I 


at Bushire^. either to Bussora or to 
some other point at the mouth of 
the Shat-el-Arab^ which shall be 
designated later^ and which shall 
be connected with the line above 
ground. 

Article 3. 

The Indian Government besides 
shall furnish to the Ottoman Gov- 
ernment all the necessary materials, 
including the poles of iron, for the 
construction of the two lines above 
ground before mentioned. 

The two telegraphic Engineers 
who are already at Bagdad, as also 
the Inspector and the four Sub-offi- 
cers of the British Engineers who 
are soon expected to arrive in that 
city, shall be placed at the disposal 
of the Ottoman Authorities to co- 
operate in the construction of these 
lines. 

Article 4. 

The Ottoman Government shall 
pay for the materials thus furnished 
by the Indian Government with the 
money received for telegraphic mes- 
sages from India, which shall traverse 
the line of the extreme European 
frontier of the Ottoman Empire, be 
it to Bussora or as far as Khanakeen, 
according to a special arrangement 
which the two governments reserve 
to themselves to establish, to deter- 
mine the mode and the period of 
the payment of the price of these 
materials. 

The salaries of the Engineers to 
be paid by the Indian Government. 

The materials which shall be fur- 
nished by the Indian Government 
shall be consigned on their arrival 
to the hands of the Ottoman Autho- 
rities, and a receipt given for them. 


Bussora soit k un autre point quelconque 
de Fembouchure du Sbat-el-Arab, qui 
sera design e plus tard, et qui sera relic 
h la ligne Aerienne. 


Article S. 

Le Gouvernement Indien fournira 
en outre au Gouvernement Ottoman 
tons les materiaux necessaires, y com- 
pris les poleanx en fer, pour la con- 
struction des deux lignes Aeriennes ci- 
dessus indiquees, 

Les deux Ingen ieurs telegraphiques 
qui se trouvent dejh a Bagdad, ainsi 
qiie FTiispecteur et les quatre Sous-offi- 
cers de genie Britannique qui sont at- 
tendus procbainement dans cette ville, 
seront mis h la disposition des Autorites 
Ottomaiies pour cooperer k la construc- 
tion de ces lignes. 


Article 4. 

• Le Gouvernement Ottoman payera 
les materiaux ainsi fournis par le Gou- 
vernement Indien, sur la recette des 
messages telegraphiques Indiens, qui 
traverseront la ligne de Textreme fron- 
tiere Europeenne de V Empire Ottoman 
soit jusqu^a Bussora, soit jusqa^a Khana- 
tain, d^’apres un arrangement special 
que les deux Gouvernements se reser- 
vent d'^etablir pour determiner la mode 
et Fepoque des versements du prix de 
ces materiaux. 


La retribution des Ingenieurs reste k 
la charge du Gouvernement Indien. 

Les materiaux qui sont fournis par le 
Gouvernement Indien seront consignes 
k leur arrivee, entre les mains des auto- 
rites Otto manes contre leur re9U. 



Part I Turkish Arabia & the Persian Gulf—Tur. Arabia—iNTo. XII. 21 


Aeticle 5. 

The Imperial Authorities shall im- 
mediately receive orders to begin 
the works upon the line from Bag- 
dad to Bussora. 

AllTICLE 6. 

The sub-marine cable which is to 
meet the line above ground from 
Bagdad to Bussora shall be laid as 
soon as possible, in order to secure 
simultaneous operations. 

Aeticle 7. 

As soon as this line shall have 
been completed, the Ottoman Gov- 
ernment shall commence the line 
from Bagdad to Khanakeen, for 
which the Indian Government 
equally engages to furnish materials 
and Engineers on the same condi- 
tions as those which have been stipu- 
lated for the line from Bussora. 

Aeticle 8. 

The Sublime Porte shall take care, 
if need be, to employ, for the working 
of these lines, persons acquainted 
with the English language. 

Aeticle 

All the despatches addressed to or 
coming from India shall be equally 
divided between the line from Bag- 
dad to Bussora on the one hand, and 
that of Khanakeen on the other. 

To avoid all difficulty of execu- 
tion, the application of this system 
of division shall be as follows : — 

All despatches coming from India 
shall pass by the line from Khana- 


Aeticle 5. 

Les autorites Imperiales recevront 
kordre de faire commencer immediate- 
ment les travaux de la ligne de Bagdad 
h. Bussora, 

Aeticle 6. 

Le cable sousmarin qui doit se relier 
h. la ligne Aerienne de Bagdad a Bus- 
sora devra etre pose le plutdt possible, 
afin d'^en assurer le fonetionnement si- 
multane. 

Aeticle 7. 

Aussitot que cette ligne aura ete 
aehevee le Gouvernement Ottoman met- 
tra la main k celle de Bagdad ^ Khana- 
kain, jiour laquelle le Gouvernement 
Indien -s^engage h fournir egalement 
les materiaux et les Ingenieurs aux 
mSmes conditions qui out 6tQ stipulees 
pour la ligne do Bussora. 

Aeticle 8. 

La Sublime Porte aura soin, selon la • 
n&essite, d^employer pour le service de 
ces lignes des personnes possedants la 
langue Anglaise. 

Aeticle 

Toutes les depeches h destination ou 
provenant des Indcs seront partagees 
h portion egale entre la ligne projetee 
de Bagdad h Bussora dhme part, et 
celle de Khanakain d^autre part. 

Pour eviter toute difficulte d^execu- 
tion, Fapplication du partage aura lieu 
de la maniere suivante : — 

Toutes les depeches provenant des 
Indes devront passer par la ligne de 


^ On Otli December 1863 an additional Article was added to the Protocol, stipulating tliat^ 
instead of dividing tbe traffic equally between tbc Basrab and Khanakeen lines, messages 
sliould be forwarded indifferently by either line, and that payment should be calculated on the 
mean between 375 and 89 miies, the distances between Bagdad and Basrah and Bagdad and 
Kh.auakeeu respectively, so long as both lines are kept in efficient working order. 


22 Turkish Arabia ^ the Persian G-ulf— Tur. Arabia—ISTo. XII. Part I 


keen. On the other hand, all those 
for India shall be sent by the line 
from Bagdad to Bussora. 

Article 10. 

The stipulation of Article 9 shall 
remain in force for ten years, at the 
end of which it can be revised by 
means of a new understanding be- 
tween the two governments. 

Article 11. 

The two governments reserve to 
themselves the right to determine 
on and conclude a Telegraphic Con- 
vention on the basis of the Act of 
Brussels, which constitutes the In- 
ternational Law of Lines of Electric 
Telegraphs. 

In faith of which the Ambassador 
of Her Britannic Majesty and the 
Minister for Foreign Affairs of His 
Imperial Majesty the Sultan have 
signed the present Protocol in dupli- 
cate and have annexed their Seals. 

Done at the Sublime Porte the 
%^th day of October 1863. 


Khanakain. Par contre toutes celles 
k destination des Indes traverseroiit la 
ligne de Bagdad k Bussora. 

Article 10. 

La stipulation de FArticle 9 sera en 
vigueur pendant dix aiis, it ^expiration 
desqiiels il pourra etre revise moyen- 
nant une nouvelle entente entre Ics 
deux Gouvernements. 

Article 11, 

Les deux Gouvernements se rcservent 
le droit d'^arre ter et deconclure une Con- 
vention Tel^raphique sur les basses de 
TActe de Bruxelles, qui constitue la 
Loi Internationale des Sigiies Electri- 
ques. 

En foi de quol, FAmbassadeur de 
Sa Majeste Britannique et Ic Miiiistre 
des Affaires Etrangeres de Sa Majeste 
Imperiale le Sultan out signes Ic present 
Protocole, en double expedition, et y 
ont appose le sceau de leurs armes. 

Fait d la Sublme Porte^ le vingt du 
mois cVOctobre^ de Van mil hull cent 
soixante trois. 


Eor Sib Hexby Bulweb. 


L. S. 


E. M. Ersxinb. 


L. S. 


POXJB SlE HeNKY BuiiWEB. 


L. S. 


E. M. Erskine. 


L. S. 


Ali. 


L. S. 


Ali. 


Ali. 









Part I Turkish Arabia & the Persian G-ulf— Tur. Arabia— IsTo. XIII. 23 


No. XIII. 


Convention between Great Britain and 
Turkey for tlie establisbment of Telegra- 
phic Communication between India and 
tbe Ottoman Territory. Signed in the 
English and French languages at Con- 
stantinople September 3, 1864.* 


Her Majesty the Queen of the 
United Kingdom of Great Britain and 
Ireland, and His Majesty the Emperor 
of the Ottomans, being desirous to 
establish between their respective States 
telegraphic communications, by means 
of which India, connected by a sub- 
marine cable with the Ottoman terri- 
tory at the mouth of the Shat-el-Arab, 
will be in telegraphic communication 
with Turkey, and consequently, with 
all the other States of Europe, have 
agreed to conclude a Telegraphic Con- 
vention, and with that object have 
named as their Plenipotentiaries, that 
is to say : 

Her Majesty the Queen of the Unit- 
ed Kingdom of Great Britain and 
Ireland, the Bight Honourable Sir 
Plenry Lytton Bulwer, a member of 
tier Majesty^s Most Honourable Privy 
Council, Knight Grand Cross of the 
Most Honourable Order of the Bath 
and Her Majesty ^s Ambassador Extra- 
ordinary and I?lenipotentiary to the 
Sublime Porte; 

And His Majesty the Emperor of 
the Ottomans, His Highness Mehemed 
Emin Aali Pasha, Minister for Foreign 
Affairs, decorated with the Impeiial 
Orders of the Osmanie, of tbe Medji- 
die, and of Merit of the first class in 


Peojet de la Convention Telegraphi- 
QUE Indo-Ottomane. 


S. M. le Sultan et S. M. la Heine 
du Royaume Uni de la Grande 
Bretagne et de FIrlande desirant 
voir etahlir entre leurs Etats res- 
pectifs, des communications tele- 
graphiques a la suite desquelles les 
Indes, reliees par un Cable sous- 
marin avec le territoire Ottoman k 
Tembouchure du Shat-el-Arab, se 
trouveront en communication elec- 
trique avec la Tui'quie et par conse- 
quent avec tous les autres Etats de 
FEurope, sont convenus de conclure 
une Convention Telegraphique et ont 
a cet effet nomine pour leurs pleni- 
potentiaires. 

S. M. le Sultan S. M. la Heine 

du Eoyaume Uni de la Grande Bre- 
tagne et dHrlande lesquels apres 

s^etre communique leurs pleins pou- 
voirs troiives en bonne et due forme 
sont convenu de ce qui suit. 


* Eatifications exclianged at Coustantinople, October 31, 1864. 


24 Turkish. Arabia & the Persian Gulf-— Tm\ Arabia— ITo. XIII, Part I 


brilliants;, Grand Cross of several 
Foreign Orders; 

Wlio^ after having communicated to 
each other their full powerS;, found in 
good and due form^ have agreed upon 
the following Articles : 


Auticle I. 

The Ottoman Government will con- 
tinue; at its own cost^ to the month of 
the S hat-el- Arab;, the main telegraphic 
line of Asia now existing between 
Scutari of Constantinople and Bagdad^ 
and will connect the said main line^ 
in the direction of KhanakaiU;, with 
the Persian land lines which communi- 
cate with the submarine cable at 
Busliire. 

The maintenance and repairs of the 
said Ottoman lines will be at the 
charge of the Ottoman Administra- 
tion. 


Aeticle II. 

On the other hand, the Government 
of India will lay down, at its own 
expense, a submarine telegraphic .cable, 
which, starting from some point of the 
British Indian Empire and touching at 
Bushire, will terminate at the mouth 
of the Shat-el-Arab, where it will join 
the Ottoman land line. 

The maintenance and repairs of this 
cable shall he at the expense of the 
Indian Administration. 


Aeticle III. 

, Majesty the Sultan authorises 
the establishment on Ottoman territory 
at tte mouth of the Shat-el-Arab, of 
a British telegraph office, with a staff, 
which shall not exceed in number 50 
persons, placed under the exclusive 


Article I. 

Le Gouvcrnement Ottoman pro- 
longera h ses frais jusqu' h Foinbou- 
ehure du Sbat-el-Arab, la grande 
ligne telegraphique d^’Asie existant 
aetiiellement depuis Scutari de Con- 
stantionople jusquh\ Bagdad ct re- 
liera eette grande ligne dans la direc- 
tion de Kbannikeen aux fils aeriens 
persans qui seront en communication 
avec le Cable sous-marin h Bnshirc. 
L^entretien et les reparations do eette 
ligne seront k la charge de FAd- 
ministration Ottomane. 


Article II. 

Le Gouyernemcnt des Indes posera 
de son cote a ses frais un cable tele- 
graphique sous-marin partant dhiu 
point qnelconque de FEmpiue Britan- 
nique des Indes (3t touchant c\ Bushire, 
qui aboutera hFembouehure du Sbat- 
sera relie h la ligne 
aerienne Ottomane. L'entretien et 
les reparations de ee cable seront k 
la charge de FAdministration In- 
dienne. 


Article III. 

S. M. le Sultan autorise Fetablis- 
sement sur le territoire Ottoman il 
lembouchure du Shat-el-Arab dhm 
Bureau teleg-raphiqiie Britamiiqiie 
dont le personnel sera place exclu- 
sivement sous les ordres d’nu chef de 



Part I Turkish Arabia & the Persian Gulf— Turkish Arabia— ]!To. XIII. 25 


orders of a .British station-master^ and 
whieh^ as well as the apparatus and 
all the instruments re(][uisite for working 
the submarine line, shall be at the 
expense of the British Government. 


Article IV. 

The aforesaid British office shall be 
located in the same building occupied 
by the Ottoman station at the mouth 
of the S hat-el- Arab, with a view to 
facilitate the combined operations of 
the common service. 

The apparatus of the Ottoman service 
and that of the British service at that 
joint station shall be placed in separate 
compartments, but in close proximity 
to each other, and shall not be con- 
nected. 

The exchange of messages shall take 
place immediately on their receipt, the 
officers handing them to each other 
through a window, and the service of 
the British and Ottoman offices shall 
be permanent. The rent and cost of 
maintenance of the mixed telegraphic 
station shall be shared in equal propor- 
tions by the British and Ottoman Ad- 
ministrations. 


Article V. 

It is well understood that the active 
service of the British office on Otto- 
man territory shall be limited to the 
receipt and delivery by hand to the 
Ottoman office of the messages arriving 
from India by the submarine cable ; to 
the transmission of those which are 
delivered to it by the Ottoman office ; 
and lastly, to the superintendence 
and maintenance of a safe and regular 
sub-marine communication between 

VII 


Station Britannique et sera k la charge 
du Gouvernement Britannique, ainsi 
que les aj)pareils et tons les instru- 
ment requis pour le fonctionnement 
de la ligne sous-marine. 


Article IY. 

Le susdit Bureau Britannique sera 
place dans le meme local occupe 
par la Station Ottomane etablie a 
Fembouchure du Shat-el-Arab, de 
fa9on h faciliter les operations com-, 
binees du service mixte. 

Les appareils du sendee Ottoman 
et ceux du service Britannique de 
cette Station mixte, seront places 
dant des compartimens separes, mais 
h proximite Tun de Tautre et ne 
seront pas relies entr^eux. L^echange 
des dep^ches, se fera immediatement 
apres reception entre les employes par 
un guichet de la main h. la main, et le 
service de ces deux Bureaux Ottoman 
et Britannique sera permanent. 

Le loyer et les frais d^entretien de 
la Station telegraphique mixte seront 
supportes par les Administrations 
Ottomane at Britannique en parties 
egales. 


Articie V, 

II demeure bien entendu que le 
service actif de ce Bureau Britan- 
nique sur le territoire Ottoman, est 
restreint h la reception et k la remise 
de main en main au Bureau Otto- 
man des depeches arrivant des Indes 
par le Cable sous-marin, k la trans- 
mission de celles qui lui seront 
remises par le Bureau Ottoman, et 
en dernier lieu a la surveillance et k 
Tentretien d^une communication 

4 



26 TurMsli Arabia & the Persian Gulf— Tnrkisli Arabia— TvTo. XIII. Part I 


tlie moutli of the Shat-el-Arah and 
India. 

The directi on-in- chief of the mixed 
station shall devolve on the Ottoman 
Administration, hut without the right 
of interfering in the internal adminis- 
tr^ion of the British office. 


Article VI. 

In order to ensure promptitude in the 
Indo-European correspondence and its 
regular transmission and receipt, the 
Ottoman Government will not fail to 
establish a permanent service at Bagdad 
and Fao, as well as at the majority of 
stations on the main line of Asia 
between Constantinople and Fao, and 
to appoint thereto a staff possessing a 
knowledge of the English language 
sufficient for the perfect performance of 
that important service. 

Moreover, the Ottoman Government 
being desirous that the expeditious 
transit of the Indo-European mes- 
sages over its territory should be ren- 
dered still more satisfactory, engages 
to establish at Constantinople an office 
of transmission devoted exclusively to 
the service of messages to and from 
India. Its officers, and especially the 
station master, shall be selected from 
those of the Ottoman telegraph officials 
who are thoroughly conversant with 
the English language. 


Article VII. 

The Ottoman Government will take 
the necessary measures to secure that 
one wire of the main line from Con- 
stantinople to Fao shall be always 
exclusively devoted to Indo-European 
messages. In case this wire should 


sous-marine sure et r%uliere entre 
Femhouchure du S hat-el- Arab et les 
Indes. La haute direction de la 
Station mixte, est acquise h. TAdmi- 
nistration Ottomane. 


Article VI. 

Dans le hut d^assurer la prompti- 
tude des correspondances Indo-Euro- 
peennes et leur transmission et 
reception regulim*es le Gouverne- 
ment Ottoman aura soin d^etablir un 
service permanent k Bagdad, Khan- 
nikeen, et Bussorah, et dans la 
plupart des stations mises sur la 
grande ligne d^Asie depuis Con- 
stantinople jusqu^^ Bussorah, et d^y 
insbituer autant que possible, im 
personnel possedant la eonnaissanee 
de la ligne Anglaise. 

En outre, le Gouvernement Otto- 
man desirant que reeoulement rapide 
des missives Indo-Europeenes ait lieu 
sur son territoire h un degre encore 
plus satisfaisant, etablira k Constanti- 
nople un bureau de translation 
affecte exelusivement an service des 
depeches de provenance on destination 
Indienne. Les employes de ce bureau 
et partieulierementleebef de Station 
seront ehoisis parmi les fonctionaircs 
du Telegraph Ottoman, connaissant 
parfaitement la langue Anglaise. 


Article VII. 

Le Gouvernement Ottoman pren- 
dra les dispositions necessaires pour 
qiAin fil de la grande ligne de Con- 
stantinople ^ Bussorah reste toujours 
exelusivement au service des depeches 
Indo-Europ&nnes. En cas de de- 



Part I Turkish Arabia & the Persian Gulf— Turkish Arabia— No. XIII. 27 


get out of order^ or in case of a press 
of traffie_, the ofRcial Indo-European 
messages may be forwarded by one of 
the wires intended for local traffic, but 
after the official despatches of the 
Ottoman Government. In that case 
private Indo-European dispatches shall 
be forwarded together with private 
messages already deposited at the office 
and in alternative order with those 
messages, whatever may have been 
the hour at which the latter may have 
been deposited. 


Article VIII. 

The Convention of Brussels, of June 
30, ISbS,”^ in all that relates to the 
details of the telegraphic service, shall 
be mutually observed by the two Con- 
tracting Governments^ in so far as it is 
not opposed to the terms of the present 
Convention. 


Article IX. 

It is agreed between the High Con- 
tracting Parties that the I’ates for Indo- 
European messages sent by the Otto- 
man lines in Asia throughout their 
whole extent from Constantinople to 
Fao, or to the Persian frontier in the 
direction of Khanakain, and viee versa, 
shall not exceed the limit of 27^ francs 


rangement on d^un encombrement de 
depeches de ce fil les depeches Indo- 
Europeennes pourront encore s^ecou- 
ler mais apres les depeches Officiel- 
les du Gouvernement Ottoman par 
un des fils affectes au service de la 
correspondance de FInterieur. 


Article VIII. 

Les deux Gouvernements con- 
tractans s^obligent ^ appliquer dans 
leiirs rapports telegraphiques recipro- 
ques relativement k la manipulation 
des depeches, k leur taxation et aux 
details du service telegraphique en 
general, les regies preserites par la 
Convention de Bruxelles du 30 Juin 
1858, et de ITnstruction qui en fait 
partie, ainsi que des modifications 
qui pourraient y ^tre apportees k 
Tavenir avec Fassentiment du Gou- 
vernement Britannique par les sig- 
nataires de cette Covention dont la 
Copie est annexee ei-jointe, pour 
faire partie integrante de la presente 
convention. 


Article IX. 

II est convenu entre le h antes 
parties contractantes que la taxe des 
depeches Indo-Europeennes tran- 
sitant par les lignes Ottomanes d^Asie 
sour tout leur parcours de Constanti- 
nople k Bussorah ou k la frontih'e 
persane dans la direction de Khan- 
nikeen et vice versei ne depassera 


^ For Convention 
1095. 


between Belgiuru, France, and Prussia, see State Papers, Vol. 57» page 



28 Turkisli Arabia & the Persian G-nlf—Turkish Arabia— No. XIII. Part I 


for a single message sent from Con- 
stantinople to Fao or vice versctj and of 
francs for a single message sent 
from Constantinople to Klianakain or 
vice verm, as also that the rates for 
messages traversing the whole sub- 
marine line from India to Fao^ or to 
Bushire^ and vice versa, shall not exceed 
the limit;, for the former of 62^ francs, 
for each single despatch, and, for the 
latter, of 50 francs. 


Autiole X. 

The administrations of the two Con- 
tracting Governments will communi- 
cate to each other, with the least 
possible delay, the tariff of their sta- 
tions and frontiers, in so far as they 
may have reference to the Indo- 
Ottoman frontier of Fao. According 
to that tariff the rates shall be mutually 
accounted for in the monthly accounts 
of messages exchanged between the 
two administrations at the aforesaid 
frontier of Fao. 


AllTICLE XI. 

The mutual account for telegraphic 
rates, expenses of postage, and of ex- 
presses, &:c,, shall be checked at the 
expiration of every month and settled 
cpiarterly. The liquidation and pay- 
ment of the surplus which may be 
due to either administration shall take 
place at the close of each quartei’. The 
accounts of each administration shall 
enumerate only the rates in debit ; they 
shall be drawn up by the Ottoman 
Administration in francs and centimes, 
the total being reduced to shillings 
and pence ; and by the British Admi- 
nistration in shillings and pence, the 
total being reduced to francs and 
centimes, 


pas la limite de vingt-cinq francs 
pour une depeehe simple, et meme 
que les taxes des depeebes tra versa nt 
toute la ligne sous-marine depnis 
les Indes jusqu'’h Fembouchure du 
Shat-el-Arab ou jusqu^k Busbire ne 
depasseront pas — les premim’es la 
somme fr. 62 — 50 pour depeclie 
simple, — et les seeondes celle de 
fr. 50. 


Article X. 

Les administrations des deux Gou- 
vernements contractans se communi- 
queront reciproquement dans le plus 
bref delai possible le tarif de leures 
stations et frontim^es par rapport d 
la frontiere Indo-Ottomane de Biis- 
sorab. C^est dkiprcs ce tarif que les 
taxes devront ^tre bonifiees reeipro- 
quement dans les comptes mensuels 
des depeches echangees eutre les 
deux administrations par la susdite 
frontiere de Bussorah, 


Article XI, 

Le compte reciproque des taxes 
telcgrapbiques, de frais de poste 
d^expres, &c., sera cloture a Pex|)ir- 
ation de chaque mois et regie tons 
les trois mois. 

La liquidation et le paieraent <lu 
montant resultant cn faveur do Fune 
ou de Fautre administration, se fera 
k la fin de chaque trimestre. 

Les comptes de ehaque adminis- 
tration ne comprendront que les taxes 
cn d^bit j ils seront dresses par Fad- 
ministration Ottomane en francs et 
centimes avec nkluction des sommes 
total es en sch el lings et francs, et par 
Fadministratiou Britannique eu shil- 



Part I Turkish Arabia & the Persian Gulf—Turkish Arabia— No. XIII. 29 


The reduction of these sums shall he 
calculated at the rate of — 

1 pound sterling = 25 francs. ^ . 

1 sliilling ... = 1 franc, 25 centimes. 

1 penny ... = 10 centimes. 


Aetiole XIL 

The balance which may accrue from 
the quarterly liquidation, in favour of 
one or other of the administrations, 
may be paid either in Turkish pounds, 
in pounds sterling*, or in 20-franc pieces. 
Should the balance be in favour of the 
Indian Administration, payment shall 
be made by Turkey into the hands of 
the delegate of that Administration at 
Constantinople; and should it be^ in 
favour of the Ottoman Administration, 
payment shall be made by the aforesaid 
delegate to the Director-General of the 
Ottoman telegraphs. 


Aeticle XIII. 

In order to facilitate and accelerate 
the operations relating to the reciprocal 
settlement of the quarterly accounts 
with the Centi’al Administration of 
Ottoman telegraphs, the Indian Gov- 
ernment shall be entitled to appoint a 
delegate to reside at Constantinople, 
the seat of that administration. ^ The 
Ottoman Government shall likewise be 
entitled to name a delegate for the same 
purpose, to reside at the seat of the 
Central Telegraphic Administration of 
the Indian Government. The respec- 
tive delegates shall be entitled to 
receive from the respective Central Ad- 
ministrations all the information and 
explanations which they may require. 


lings et pence avec reduction des 
sommes totales en francs et cen- 
times. 

La reduction de ces sommes se fera 
a raison de 

1 Livre sterliug ... 25 francs. 

I Shilling ... Ih.— 25 

1 Penny ... ... 10 

Article XII. 

Le solde resultant de la liquida- 
tion trimestrielle en favenr de Tune 
on de Tautre administration pourra 
etre paye, soit en livres Turques soit 
en livres sterling, soit en pieces de 
20 francs. 

Si le solde resulte en faveur de 
Fadministration Indienne, le paie- 
ment se fera, de la part de la Turquie, 
entre les mains du delegue de eette 
administration h Constantinople et 
sTl resulte en faveur de FAdminis- 
tration Ottomane, le paiement se 
fera par le del%ue susmentionne, 
h la Direction Generale des Tele- 
graphes Ottomans. 

Article XIII. 

Dans le but de faciliter et d^acce- 
lerer les operations concernant le 
reglement reciproque des Comptes 
Trimestriels avec FAdministration 
Centrale des Telegraphes Ottomans, 
le Gouvernement Indien pourra en- 
tretenir un delegue a Constantinople 
ou se trouve le siege de la dite ad- 
ministration. De m6me le Gou- 
vernement Ottoman pourra nommer 
pour le meme objet un delegue 
aupres de FAdministration Telegra- 
phique Centrale du Gouvernement de 
FInde. 

Les del%ues respeetifs pourrant 
ohtenir aupres des administrations 
centrales respectives, tons les ren- 
seignemens et les eclaircissements 
dont ils pouvent avoir besoin. 



so Turkish. Araloia & tli© PorsiS/ii Grulf — Tux^kisli Arabia TTo. XIII. Part I 


Article XIV. 

All messages to or from India may 
be forwarded indifferently^ as may be 
most convenient for tbe service^ either 
by the line of Bussorah or by that of 
Xhanakain. 


Article XV. 

It is well understood that the Otto- 
man Government shall be in account 
current and shall have direct adminis- 
trative relations with the Government 
of India in respect to all messages, 
whether sent by the frontier of Fao or 
by the Persian route of Khanakain. 
Thus the two Contracting Governments 
shall not be in account current, and 
shall not have direct administrative 
relations with Persia,* except in respect 
to payment for those messages only 
which shall have traversed the Persian 
lines ; so that, as regards Indo-European 
messages, the two High Contracting 
Parties shall only account to the Persian 
Government for the amount due to it 
for their transit along the Persian lines 
between Khanakain and Bushire. 


Article XVI. 

The present Convention shall come 
into operation as soon as the submarine 
cable shall be in communication with 
the land lines of Turkey and of India, 
and shall remain in force for three years 
from the day on which the ratifica- 
tions are exchanged. Nevertheless, the 
High Contracting Pai'ties may intro- 
duce into it,, according as necessity 
may require, such modifications as may 
be considered by common agreement to 
be useful and indispensable. 


Article XIV. 

Toutes le dep&hes en destination 
on provenant des Indes pourront etre 
expediees indifferement selon la con- 
venanee du service, soit par ligne de 
Bussorah, soit par cello de Khan- 
nikeen. 

Article XV. 

II demeure bien entendu que le 
Gouvernement Ottoman ne sera en 
compte courant et en rapports ad- 
ministratifs directs avec le Gouverne* 
ment des Indes que pour les dep&hes 
s^ecoulant par la frontiere de Biis- 
sorah ; pour celles transitant le terri- 
toire Persan, chacuu des deux Gou- 
vernements contractants ne sei^a 
en comjite coiirant et iFaura des 
rapports administratifs directs 
qu^avec le Gouvernement Persan. 


Article XVI. 

La pr&ente Convention sera raise 
en execution assitot que le Cable 
sous-raarin sera en communication 
avec les lignes de terre et de la Tur- 
quie et des Indes, et dcmeiirera cn 
viguenr pendant trois ans h pnrtir du 
jour de Feebange des ratifications. 
Toutefois les haubes parties contrae- 
tantes pourront y apportcr au fur 
et k mesure que le besoiii se fera 
sentir les modifications qui seraient 
dhin commun accord jugees utiles et 


* Eor Treaty between Turkey aud Persia, of UTovember 38, 1863, see State Papers Vol 57 
page 1342. • i 



Part I Turkish Arabia & tho Persian Gulf— Turkish Arabia~No. XIII. 31 


At the end of three years the present 
Convention shall be deemed to be in 
force for an indefinite term^ and until 
the expiration of six months reckoning 
from the date on which either of the 
Parties shall have made known to the 
other its intention to put an end to the 
same. 

Article XVII. 

The present Convention shall be rati- 
fied, and the ratifications shall be 
exchanged at Constantinople as soon 
as possible. 

Done at Constantinople^ on the 3rd 
day of September 1864'. 

(L.S.) I-lENny Litton Bulwee. 
(L.S.) Aali. 


indispensables. Le terme de trois 
ans expire, la presente convention 
sera eonsideree comme etant en vi- 
gueur pour uii temps indetermine et 
jusqu^^ Fexpiration de six mois k 
compter dii jour au la denonciation 
en sera faite d^une part ou d^une 
autre. 

Article XVII. 

La presente Convention sera rati- 
fi& et les ratifications seront echan- 
gees k Constantinople dans le plus 
bref delai possible. 

Fait k Constantinople. 

S. Porte, 
le n Fevrier 1864, 



PERSIAN GULP. 


Frojn Original Taggers in the Foreign Office and Selections from the Records 
of the Romhay Government^ No, XXL of new Series. 

The whole of the northern shore of the Persian Gulf from Mohammerah 
to Cape Jask is now under Persian administration. That portion of the 
coast which extends from above Mohammerah to near Deelam is inhabited by 
the Beni Kaab Arabs in the jurisdiction of the Governor of the province of 
Arabistan whose head-quarters are at Shuster. The Governor of Mohammerah 
itself is Hajee Jabir Khan of the Kaab tribe. The portion of sea-coast 
between the district of the Kaab Arabs and the Bushire districts is under the 
jurisdiction of the Governor of Behbehan ; the chief port is Deelam. The 
district of Bushire is held by a Governor subordinate to the Governor-General 
of Ears. The maritime district of Dashtestan extends as far as Deyyer : 

east of that point the various ports and sea- 
Cluirek, aiul KoyuH Island. districts are immediately governed by 

Moghoo. Sheiks of Arab extraction subordinate to the 

Lingiih. 

Governor-General of Pars. A Native Agent 

is stationed at Lingalu 

The last of the Persian ports within the limits of the Gulf is Bunder 
Abbas which was formerly held in farm by the rulers of Muscat. In 1846 
Hussein Khaiq the Persian Governor of Ears^ despatched a force against 
Bunder Abbas with the view of extorting a large sum of money from 
Sheikli Seif bin Sobhaiq Syud Saeed^s deputy and Governor. The latter 
threatened to retaliate by destroying Bushire. It was not till a change of 
ministry took place on the death of Mahomed Shah that redress was granted 
to him. Ill 1853 the Shah of Persia resumed possession of Bunder Abbas 
and its dependencies; but he restored them to Syud Saeed in 1855 on 
much less advantageous terms than formerly. The rent was raised from 
(qOQO to 10^000 Tomans a year, and the islands of Hormuz and Kishm, the 
hereditary possessions of the rulers of Muscat, were ceded to Persia.* 

On the death of Syud Thoweynee and succession of his son Syud Salim 
in 186(), the Persian Government appeared at first inclined to renew the 
lease of Bunder Abbas to Syud Salim but at an increased rent, and on 
the condition that his uncle, Syud Toorkee, should be appointed Governor. 


VII 


* Soe Appendix No. III. 


5 



84 Turkish Arabia & the Persian Gulf— Persian Gulf. Part I 


Subsequently however, on the ground that Syud Salim as grandson of 
Syud Saeed could not continue to hold under a lease granted, as it was alleged, 
only to S}'ud Saeed and his sons,^ the Persian Government renewed the lease 
at an enhanced rate of 20,000 Tomans in favour of the former Arab Governor, 
Sheikh Saeed, a relation of the Muscat family, not as a representative of 
Muscat hut as a direct dependant of Persia. Throughout the winter of 
1867 Syud Salim was too much occupied in the task of securing himself in 
the government of Muscat to be able to give his attention to the former 
^ dependencies of his family on the northern shore of the Persian Gulf. 
Meantime Sheikh Saeed refused to pay the balance of tribute due by him to 
Persia and preparations were made for coercing him. In April 1868 however 
Syud Salim threatened to blockade Bunder Abbas unless the lease was renewed 
to him, and as the Persian Government had no naval force it solicited 
British intervention. The Resident in the Persian Gulf was accord- 
ingly instructed to negotiate for a renewal of the lease, and this was finally 
effected f for a period of eight years at a rent of 30,000 Tomans. One of 
the conditions of the lease was that if a conqueror obtained possession of Muscat, 
the Persian Government was not to be bound by any conditions of the covenant. 
Accordingly on the expulsion of Syud Salim in October 1868 by Azan bin 
Kais (See p. 78) the lease became null and void, and the Persian Government 
appointed Hajee Ahmed, formerly minister of Syud Salim, to the charge of 
Bunder Abbas and its dependencies. In February 1870 Hajee Ahmed was 
expelled from Bunder Abbas by Sheikh Saeed acting on the part of Azan bin 
Kais, but subsequently regained his position. The Persian Government has 
hitherto declined to re-lease Bunder Abbas to the ruler of Muscat. The 
present Governor is Aga Ahmed Shah. 

Below Bagdad the Turkish suzerainty is acknowledged on the southern 
shore of the Persian Gulf from the Shatt el Arab to a point nearly opposite 
Demam ; a small portion nearest the Shatt el Arab is directly under the Pasha 
of Bagdad; the rest is occupied by Arab Chiefs who acknowledge dependence 
on the Turkish Government. Of late years the Turks have exercised a more 
active interference on the sea-coast, and the ports of Kateef, Ojeir, and El 
Biddaa have usually been occupied by Turkish garrisons. This has resulted 
from the attempts, more or less successful, which have recently been made by 
the Porte to assert its authority over the Wahabee Chief of Nejd. 

* The word in the original is “ Aulad’’ which may also be translate I ‘‘ descendants.” 

t See Appendix No. 111. 



Part I Turkish Arabia &; the Persian G-ulf— Persian Gnlf—Tf^akalees. 35 


Wahahees . — It was by instigating the El Joasim tribe of Arabs to acts 
of piracy in the Persian Gulf that the Waliabees first attracted the attention 
of the British Government. 

This sect had adopted strict and puritanical doctrines. They denied divine 
honours to Mahomed, abhorred and destroyed all holy tombs, abstained 
from the use of tobacco, and waged war against all Mahomedans who did 
not accej^t their peculiar views. 

When in 1809 it became necessary to send a second expedition against 
the El Joasim (See p. 45), the ruler of Muscat was found to be in consider- 
able danger from the aggressions of the Wahabees. It was decided however 
not to attempt any operations by land, and to show extreme forbearance to 
the Wahabee Chief. In 1811 the Wahabees appeared in the vicinity of 
Muscat and plundered the territory of Syud Saeed. Application wms made 
by him for the assistance of the British Government, but the request was 
refused on the gTound that the British Government had recently co-operated 
with him merely for the extii'pation of the pirates, who interrupted 
the commerce of the Persian Gulf, not in prosecution of war against the 
Wahabees. 

Syud Saeed was relieved fi’om this danger by the invasion of Nejd from 
the westward by the Egyptians. An envoy was sent by the Ameer Saood 
to endeavour to negotiate a Treaty of friendship and commerce with the 
British Government, hut it was deemed inexpedient to negotiate any Treaty 
or to form any intimate connection wdth the Ameer, though a friendly 
intercourse was to be maintained with him. 

Meanwhile the Egyptian troops had taken the holy places of the Maho- 
medan faith, and on Saood^s death in April 1814 the Wahabee power in that 
quarter was annihilated. In 1818 Dereyyiah, the Wahabee capital, was taken 
by Ibrahim Pasha and razed to the ground. The Wahabee Ameer Abdoollah 
was sent prisoner to Constantinople and there beheaded, and the overthrow 
of the Wahabees appeared to be complete. Six years later however, in 1824, 
an insurrection against the Egyptians was headed by Toorkee, the son of the 
late ruler, the Egyptian Governor was compelled to retire, and Toorkee was 
proclaimed Sultan of Nejd, Overtures were made by him to the x\rab Chiefs 
of the Persian Gulf to renew their former relations with the Wahabees, and 



36 Turkish Arabia & the Persian Gulf— Persian Gulf—TFakahees. Part I 


in 1825 the Chief of the El Joasim solicited the advice of the British Govern- 
ment as to the course he should pursue; he was warned against any pro- 
ceedings bearing a predatory character or evincing unfriendliness towards the 
ruler of Muscat. During the next five or six years Toorkee was employed in 
recovering the provinces formerly subject to the WahabeeSj and at the same 
time he endeavoured to conciliate the Pasha of Egypt by the payment of a 
small tribute. In 1831 Syud Saeed entered into an engagement acknow- 
ledging his supremacy and agreeing to pay an annual tribute^ and the 
whole of the coast from Ras el Hadd to Koweit^ with the exception of Aboo- 
DhebbeC; became subject to his authority. About this time the Wahabee 
Chief expressed a desire to enter into intimate relations with the British 
Government ; to this a reply in general but friendly terms was returned. 

In 1831 a strong force of Wahabees advanced into Oman. Strict neu- 
trality was enjoined on the British authorities in the Persian Gulf^ but the 
Wahabees were diverted from schemes of foreign invasion by the murder of 
Toorkee by his nephew Musharee ; the latter was in turn put to death by Toorkee^s 
soiij Eeysul^ who then succeeded to power at the age of about thirty -four years, 
'Two years later a large Egyptian force was assembled at Medina^ and Eeysul 
was summoned to contribute a contingent of troops. He evaded the demand, 
the Egyptians therefore advanced into Nejd, defeated him near Riadh, and in 
December 1838 obtained possession of El Hassa and Kateef. Eeysul then 
surrendered, and was sent prisoner to Egypt. The proceedings of the Egyp- 
tians were not viewed with indifference by the British Government : a formal 
protest was entered by the Resident in the Persian Gulf against the proceedings 
of Koorshed Pasha, the Egyptian Commander, and assurances were given 
by the maritime Chiefs that they would abide by the wishes of Govern- 
ment, and resist all attempts of Koorshed Pasha to subjugate them. x\t 
length, in consequence of the strong remonstrances of the British Govern- 
ment, the Egyptians evacuated Nejd in May 1840, leaving however FeysuEs 
cousin, Khalid, as Governor on behalf of the Porte. It was in this way that 
the claims of the Turkish Government to sovereignty in Central Arabia 
originated, though until quite recently Turkish authority was neither repre- 
sented nor recognized in Nejd. During Khalid^s short rule a British officer was 
deputed to visit him at El Hassa, and obtained from him an assurance that he 
had no intention of invading Oman as was then currently reported. In 
February 1842 Khalid was deposed by his cousin Abdoollah bin Sooneyan, 



Part I Turkisb. Arabia & tbe Persian Gxzlf— Persian Gudf—WaJiahees. 37 


wlio in turn was obliged to yield in tbe following year to Feysul^ wKo had 
returned from his imprisonment in Egypt. 

In 1845 Syud bin Mootluk^ Feysnhs Lieutenant, ravaged Sohar territory^ 
compelled the Chief to pay a heav}' tributCj and put to death the garrison of 
the fort of Mujees. At the same time he demanded a heavy tribute from 
Muscat^ and prepared to enforce the demand by the invasion of Muscat 
territory. In consequence of this wanton aggression on the dominions of 
Syud Saeed a strong demonstration was made by a naval force off the 
Batinah coast^ and forcible remonstrances were addressed to the Wahabee Ameer 
and his Lieutenant. These measures proved successful. The Muscat Govern- 
ment agreed to pay Fej^sul an annual tribute of 5^000 crowns^ and made a present 
of 2^000 crowns to Syud bin Mootluk; for these considerations the Wahabees 
evacuated the fort of Mujees. 

In 1851 Feysul attempted to assert authority over the Chief of Bahrein^ 
but a naval force was despatched to Bahrein wnth instructions to interfere 
if necessary^ and Feysul found himself obliged to make peace with the Chief. 

In 1852 during the absence of Syud Saeed at Zanzibar^ and while his son^ 
Syud Thoweynee was in charge of the government Abdoollah bin Feysul 
invaded Oman with a large force of Wahabees and demanded the cession of 
Sohar and the payment of a heavy tribute. Owing to the interference of the 
British Resident, Syud Thoweynee was enabled to enter into negotiations 
which resulted in an agreement by the Muscat State to pay the Wahabee 
Ameer an annual tribute of 12,000 crowns, besides arrears to the extent of 
60,000 crowns and the usual supply of provisions and stores. The Wahabee 
Ameer on his part agreed to assist the ruler of Muscat in every difficulty. 
The boundaries of the two States remained as before. 

In 1859 Feysul again interfered in Bahrein affairs, and made extensive 
preparations at Kateef and Demam for the invasion of the island in favour 
of Mahomed bin Abdoollah, the refugee Chief of Bahrein. The attitude 
assumed by the British naval force in the Persian Gulf induced him to 
abandon his design. He was then required to expel Mahomed bin Abdoollah 
from Demam, where for sixteen years his intrigues for the recovery of Bahrein 
had been the cause of constant disquietude. Demam was bombarded in 
November 1861, and Mahomed bin Abdoollah was compelled to evacuate 
the fort. 



38 Turkish Arabia the Persian Gulf— Persian OuM—Wahahees. Part I 


In August 1865 the Janabi tribe, resident at Soor, a town eighty miles 
south of Muscat, discontented with Syud Thoweynee, invited Abd-ool-Azeez, 
a brother of the Wahabee Lieutenant, to join them in an attack on 
Soor. The town was captured and a large amount of property, belonging 
chiefly to British subjects, was plundered. Eemonstrances were addressed to 
the Wahabee Chief, who replied that he had directed the release of British 
subjects imprisoned at Soor and the protection of their property, but approved 
the action of Abd-ool-Azeez. He was then required to send a written apology 
and to pay compensation for the plundered property, and to give a written 
assurance that such outrages should not*be repeated. As no reply was re- 
ceived within the prescribed time the boats of the Highflyer destroyed a fort 
in Kateef harbour and a war vessel, but met with a check at Demam : the 
forts at Soor were also destroyed and the vessels of the Janubi tribe were 
confiscated. 

Ameer Peysul bin Toorkee died towards the close of 1865; his son and 
successor, Abdoollah, sent an envoy to the British Resident to discuss matters 
with a written Declaration (No. XIV.) that he would not injure Bri- 
tish subjects within his dominions, or attack the territories of the Arab tribes 
in alliance with the British Government, especially those of Muscat, and 
would limit his demands on that State to receiving the customary tribute. 
These assurances were considered satisfactory, and the matter was allowed 
to drop. 

Abdoollah bin Feysul had been virtually ruler of Nejd for many 
years during the old age and blindness of his father. Soon after his 
accession a struggle for power commenced between him and his brother, 
Saood, which ended early in 1871 in the defeat and flight of the 
former and the succession of Saood. Abdoollah bin Feysul appealed for 
assistance to the Turks, who despatched an expedition from Bagdad 
for the .purpose of supporting him and restoring tranquillity in Nejd, 
These proceedings were accompanied by explicit assurances that the 
Porte had no intention of obtaining supremacy over Bahrein, Muscat, 
or the maritime tribes, or of undertaking any naval operations. During 
the year 1871 the Turks succeeded in possessing themselves of the dis- 
trict and port of El Hassa and intended ajiparently to occupy the country 
permanently. Abdoollah bin Feysul, finding that his restoration to power 
was not included in the Turkish scheme, escaped from their camp, but 



Part I Turkish Arabia &; the Persian Gulf—Persian GruH— Bahrein. 39 


was unable to cope with the superior forces of his brother Saood^ who 
occupied Riadh and the heart of the Wahabee country. Early in 1872. 
Saood bin Feysul, having failed to procure the arbitration of the British 
Government^ or an assurance that it would protect his territories from attacks 
by sea^, opened negotiations with the Turks^, but with no other conclusion than 
the detention of his brother^ Abd-oor-Rahman^ at Bagdad as a hostage. 
Communications also passed between Abdoollah and the Turks^ hut without any 
definite result. The Turkish policy in Nejd afterwards underwent a change, 
the regular troops were withdrawn, Bezeeah bin Areyr of the friendly Beni 
Khalid tribe was appointed Governor of El Hassa, and a police force was raised 
for the defence of the frontier. Abd-oor-Rabman bin Feysul was detained at 
Bagdad till August 1874 ,* on his release he remained for a short time at Bahrein 
and then proceeded to the mainland, where he raised the Arab tribes in favour 
of Saood against the Turkish authorities at El Hassa; he met with con- 
siderable success, and a large Turkish force had to be sent agaiust him. During 
these operations Saood bin Feysul died and the contest is now carried on by 
Abd-oor-Rahman. No coalition appears to have taken place between Abd-oor- 
Rahman and his brother Abdoollah. 

Bahrein . — The island of Bahrein owing to the richness of its pearl- 
fisheries was long a field of contention between the different powers that have 
held supremacy in the Persian Gulf. 

From the eleventh to the beginning of the sixteenth century the inhabitants 
of Bahrein, to whom an Arab and Persian descent has been variously assigned, 
were subject to Chiefs of their owm race. In the time of Albuquerque the 
island fell into the hands of the Portuguese and was retained by them till 
1622, when they were expelled by the Persians. After the death of Kureem 
Khan in 1779, the petty Chiefs of the Persian Gulf, who had been kept in 
check by the strong hand of Nadir Shah and his successors, became involved in 
contests for supremacy, and in 1783 theUttoobee tribe of Arabs, who had for 
some years inhabited Zobarah in the mainland and were virtually independent, 
made themselves, with the help of the El Sabah tribe, masters of the island. In 
1800 the Imam of Muscat succeeded in conquering Bahrein, but was driven 
out in the following year by the Uttoobees, who w^ere on this occasion assisted 
by the Wahabees. In 1810 the Uttoobees drove out the Wahabee Governor 
by whom the administration of the island was conducted, and in 1815 repelled 



40 


TurMsh Arabia Sz tbe Persian Gulf— Persian Gulf— Bahrein. Part I 


an attack by the ruler of Muscat. Since then the Uttoobees have remained 
paramount in the island, though at various times they professed allegiance 
to Muscat, the Wahabees, Turkey, and Persia. Bahrein is now held in 
independence. 


In 18*^0, after the capture of Ras-ool-Kheimah by the expedition sent against 
the piratical tribes in the Gulf, Sheikh Abdoollah bin Ahmed and Sheikh 
Suleiman bin Ahmed, who then ruled Bahrein conjointly, signed a prelimi- 
nary Engagement (No. XV.) not to permit in Bahrein the sale of property 
procured by plunder and piracy, and to restore all Indian prisoners then in 
their possession. They also subscribed the general Treaty (See Maritime 
Tribes No. XXI.) for the pacification of the Persian Gulf. 


In 18'21 the Chiefs of Bahrein agreed to pay a fixed annual tribute of 30,000 
crowns to the ruler of Muscat, but the guarantee of the British Govern- 
ment, for which both parties were anxious, was not given* 'Subsequently the 
tribute was reduced to 18,000 crowns, but ceased with the failure of an attack 
made on the island by Syud Saeed in 1828. In 1830 tribute was demanded by 
the Wahabees, and their protection was purchased by an annual payment of 
4,000 crowns. Three years later the Chief of Bahrein refused allegiance to 
the Wahabees, induced the neighbouring tribes to make incursions into their 
territory, and blockaded their ports. The dispute terminated by his promising 
to pay them a tribute of 2,000 dollars on the understanding that they Would 
assist him against any invaders of Bahrein and would not demand his co- 
operation against Muscat. In 1839 the commander of the Egyptian forces 
in the neighbourhood of Bahrein announced his intention of attacking 
Bahrein as forming part of Nejd over which claims were asserted by Egypt. 
He was informed that the British Government could not admit any claim of 
Egypt to Bahrein. Similar claims were advanced by Persia in 1843, but after 
carefully considering the various statements put forward by hei', the British 
Government declined to recognize the claims of Persia to sovereignty over 
Bahrein. Shortly after the conclusion of the engagement of 1847, it was 
reported that overtures had been made to the Chief of Bahrein by the Turkish 
authorities at Basrah, having for their object his recognition of the supre- 
macy of the Porte. The ministers of the Sultan were accordingly informed 
that, as the British Government had had Treaty relations with Bahrein as 



Part I Turkisk Arabia & tke Persian G-ulf— Persian Bahrein. 


41 


an independent power, it could not acknowledge or acquiesce in any arrange- 
ment for placing tlie island under the sovereignty or protection of the Porte. 

The Chiefs of Bahrein were not parties to any of the agreements con- 
cluded after 18:20 with the Arab Chiefs except the Engagement (See Maritime 
Tribes No. XXIY.) for the suppression of the slave trade signed on 
8th May 1847 by Mahomed bin Khuleefa, and an additional Agreement 
(No. XYI.) concluded with that Chief in 1856, by which he bound himself 
to seize and deliver to British vessels of war slaves brought to his 'territories 
from any quarter whatever, and to put an embargo on any vessel belonging to 
him or his subjects which might be ascertained to have carried slaves. 

Mahomed bin Khuleefa was the grandson of Suleiman bin Ahmed, who had 
signed the general Treaty (No. XXI.) in 1820, Suleiman bin Ahmed died in 
1825, and his son, Khuleefa, who had succeeded to his share in the government, 
died in 1 834. Mahomed bin Khuleefa was for some years kept out of power 
by his grand-uncle Abdoollah bin Ahmed, but in 1843 he succeeded not only 
in recovering his rights, but in expelling Abdoollah bin Ahmed from Babrein, 
The latter, who found refuge in Demam, made several unsuccessful attempts 
with the help of the Wahabees and the Chief of Koweit to recover his power- 
He died in 1848, but his son, Mahomed bin Abdoollah, continued the feud. 
His warlike preparations and his piracies so endangered the peace of the Gulf, 
that in 1859 he was declared a public enemy and expelled from Demam by a 
British force. No sooner was this done than Mahomed bin Khuleefa of 
Bahrein commenced to levy imposts on Wahabee vessels and to carry off their 
property. On being remonstrated with, he ostensibly put himself under alle- 
giance first to Persia and then to Turkey. The policy of the British Govern- 
ment, however, as guardians of the general tranquillity of the Persian Gulf, 
required that Bahrein should be considered independent. Early in the year 
1861, therefore, when the Chief of Bahrein, in violation of his Treaty engage- 
ments, again blockaded the Wahabee ports, he was forced by the Resident in 
the Persian Gulf to withdraw the blockade, and was required to conclude a 
perpetual Treaty (No. XYII.) of peace and friendship, binding himself to 
abstain from war, piracy, and slavery by sea on condition of protection against 
similar aggressions, and to permit all British subjects to trade with Bahrein 
on payment of an acl valorem duty of 5 per cent, on their goods. 

In October 1867 Mahomed bin Khuleefa in concert with Sheikh Saeed 
bin Khuleefa, Chief of Ahoo-Dhebbee, attacked and plundered the tribes on 

VII 6 



42 Turkish Arabia Sz the Persian G-ulf-— Persian Gvlf—^BaJirein. Part I 


the neighbouring mainland of El Kutr (Guttiir) . The ostensible reason for 
this outrage was the expulsion from Wakrah of the Bahrein Chiefs represen- 
tative in consequence of his having imprisoned and deported to Bahrein a Bedouin 
belonging to one of the tribes on the mainland. The Bahrein force under Ali 
bin Khuleefa^ who held the government conjointly wdth his brother Mahomed 
bin Khuleefa^ after destroying a number of boats belonging to the people of El 
Kutr^ was joined^ in spite of the warnings of the British Kesident^ by the 
Chief of Aboo-Dhebbee,with 2^000 men. The combined fleets blockaded the 
coasts sacked the towns of Wakrah, El Biddaa^ Doho^ and Dowhah^ with cir- 
cumstances of peculiar barbarity^ and plundered property of the estimated 
value of eleven lakhs of krans. 

As both the Bahrein and Aboo-Dhebbee Chiefs are bound by their 
engagements with the British Government to abstain from aggressions of 
every kind by sea^ to appeal to the British Eesident as arbitrator^ and to 
afford full redress for all maritime offences which can justly be charged 
against them or their subjects^ steps were taken to exact reparation for these 
outrages. Before this could be effected the tribes of El Kutr retaliated by 
an attack on Bahrein which proved unsuccessful; but in the naval action 
which took place a number of vessels were destroyed and a great loss of life 
occurred. 

The Eesident in the Persian Gulf accompanied by H. M. S. Tigilant 
and the Gun-boats Clyde and S^igh Bose proceeded to Bahrein. Mahomed 
bin Khuleefa fled to the El Kutr coast, and an Agreement (No. XVIII.) 
was signed by his brother Ali bin Khuleefa and the principal persons in 
Bahrein by which they declared Mahomed bin Khuleefa to have forfeited by 
his piratical outrages all claim to the Chiefship of Bahrein, and Ali bin 
Khuleefa bound himself to pay a fine of one lakh of dollars. Under 
these conditions he was permitted to continue in power, but the fort of 
Moharrag was destroyed and the war craft belonging to Mahomed bin 
Khuleefa were burnt. After about one-fifth of tbe fine had been realized and 
distributed rateably among the sufferers the remainder was remitted. 

Through the mediation of the Resident an Agreemenf^ was also con- 
cluded between the Chiefs of Bahrein and El Kutr, determining the amount of 

* We, the undersigned. Chiefs, all residing in the province of Guttur, do hereby solemnly agree 
and bind ourselves to pay to Shaikh Ali ben Khalifeh, Chief of Bahrein, the sums of money per 



Part I Turkisli Arabia & the Persian Gulf—Persian QcVilf—BaJirein. 43 


tribute annually payable by Kutr to Bahrein and the raanner of its payment. 
It was understood that this payment of tribute did not affect the independence 
of El Kutr in relation to Bahrein, but was considered as a fixed contribution by 
the former towards the black-mail ];)ayable by both combined to the El Naeem 
and Wahabee Bedouins in return for security from molestation, es|)eeial]y 
during the pearl-fishery season. 


The deposed Chief was forbidden to reside at Bahrein, but in January 1869, 
at the recjuest of x\li bin Khuleefa who believed he could keep a better control 
over his brother if he resided at Bahrein, Mahomed bin Khuleefa was allowed 
to return there. He soon however began to intrigue, and it became necessary 
to deport him to Koweit whence he afterwards proceeded to Kateef. In 
September 1869 Mahomed bin Khuleefa aided by his relative, Nasir bin 
Mobarik, and a considerable force of the El Howajir tribe, sailed for 
Bahrein and attacked the fort of Buffah then held by ^Mahomed bin Abdoollah, 
son of the Chief who died in 1848. An engagement ensued in which, 
owing mainly to the treachery of Mahomed bin Abdoollah, the Bahrein force 
was defeated, the Chief, Ali bin Khuleefa, one of his sons, and several of the 
Bahrein Sheikhs were killed, and the invaders took possession of Manameh 


annum heretofore paid by us to the Chiefs of Bahrein, as follows : this total sum to he paid by us 
to Maliommed ben Tanee of Dowha and by him to the liesideiit for delivery to the agent of 
the Bahrein Chief, ut Bushire : — 


1 , 

1 , 

1 , 


2 , 


700 Krans on account of the Mohonedah tribe. 

500 Krans ditto of the Boo Ayiiayn and Koaim tribes. 

500 Krans ditto of the Semsemieh tribe. 

500 Krans ditto of the Chelaib tribe. 

500 Krans ditto of the Soudan tribe. 

500 Krans ditto of Mohammed bin Tanee and Mosallim. 

800 Krans ditto of the Amanmerah tribe. 


9,000 Krans Total. 

And we the said Chiefs understanding that the Bahrein Chief claims from ns a total of 
15,000 Krans per annum in lieu of 9,000 as above set forth, we do hereby further agree to pay 
any extra sums not aggregating a total larger than 15,000, and which the Kesideut after judicial 
investigation may decree. 

Written on the 25th Jemadi-ool-Awol 85. 

13 ill September IStjS. 



44 Turkish. Arabia & the Persian Gulf— Persian Qcvilt —Maritime Tribes. Part I 


and Moliarrag; the two chief towns of Bahrein. Manameh was given up to 
plunder^ and property belonging to British subjects and others of the 
estinaated Taliie of upwards of twelve lakhs of rupees was carried off. 
Mahomed bin Abdoollah then imprisoned Mahomed bin Khiileefa and assumed 
the government of Bahrein. In order to exact reparation for this unpro- 
voked outrage the British Resident proceeded to Bahrein accompanied by 
H. M. S. S. Dai^line and Nym^lie and the gun-boats, Siigli Bose and Clyde^ 
of the Bombay Marine. The fort of Manameh was bombarded and des- 
troyed, and, with the exception of Nasir bin Mobarik, who escaped to the 
mainland, -Mahomed bin Khuleefa, Mahomed bin Abdoollah, and the leading 
marauders were captured, and Esau bin Ali bin Khuleefa, a son of the late 
Chief, was installed as Chief, on the understanding that the property of the 
pirate leaders would be considered as forfeited, and applied in the first 
instance towards the reimbursement of the persons plundered. The prisoners, 
five in number, were taken to Bombay and confined as State prisoners in the 
fort of Aseergurh, whence they have since been removed to Chunar. One 
of them, Nasir bin Ahmed, died at Chunar in 187»S. The weakness of 
Esau bin Ali^s rule has more than once led to intrigues for the restoration 
of the exiled branch of the family, and in 1874 an attack on Bahrein 
was threatened by their partisans the Beni Hajir tribe, but prevented by 
the presence of a British vessel. A disposition to interfere under various 
pretexts in the affairs of Bahrein has on several occasions been evinced by the 
Turkish authorities, but the British Government has invariably asserted the 
independence of Bahrein and its freedom from control either by Turkey, Persia, 
or any other power. 

Meantime Tribes > — The possessions of the so-called trucial Chiefs* of the 
maritime tribes of the Persian Gulf with whom the British Government have 
concluded Treaties extend from El Kutr (Guttur) beyond the island of Bahrein, 


1. Aboo-Dliehbee (Ahoothabee) 

2. Debay 

3. Sbargah 

4. Ejinan 

6. tJmni ool Iveiweyu (Aniul- 
gavine). 

6. fias-ool Kheimah 


Chief. 

Saeed bin Khnleefa 
Hashar bin Muktoom 

Salim bin Sultan bin Suggur... 
Easbid bin Hameed 
Ahmed bin Abdoollah 

Hameed bin Abdoollah bin 
Sultan. 


Tribe. 

Beni Yas. 

A1 boo Pelasah, a branch of 
Beni Yas. 

El Joasim. 

Al-boo Ali.. 

Al-boo Ali. 

El Joasim. 



Part I Turkisli Arabia & the Persian Gnlf— Persian OvL^I-^MarlUme THles, 45 


along the coast eastward to Eas-ool-Kheimali. They all pay tribute to the 
Wahabee Chief of Nejd, but are really independent. 

The El JoasirU; who have occupied the province of Seer from the earliest 
timeS; carried on a vigorous and profitable trade by sea^ till, in ISO 5, they 
succumbed to the influence of the Wahabees and were drawn into the piratical 
projects of that turbulent sect. Under their influence the El Joasim plundered 
two British vessels and treated the commanders with great cruelty. An expe- 
dition wms sent to the Persian Gulf to punish them for this aggression and to 
co-operate with the Imam of Muscat, who was then at war with them. The 
expedition resulted in the conclusion of a Treaty (No. XIX.) on 6th Febru- 
ary 1806, binding the El Joasim to resj)eet the flag and property of the British 
and to assist vessels touching on their coast. This Treaty appears to have 
been concluded without reference to the Wahabees. 

The spread of the W^ahabees in Oman soon threatened the ruler of 
Muscat with destruction, and the British Government determined to support 
him and to destroy the piratical fleets as the only means of preserving the 
peace of the Gulf. A strong force was despatched in 1809, which took Eas- 
ool-Kheimah, Lingah, Luft, and Shinas, and destroyed the boats of the pirates. 
No Treaty could at this time be concluded with the El J oasim, whose govern- 
ment had been completely overthrown by the Wahabees, nor were any permanent 
measures taken to secure the advantages gained in 1809 ; consequently piracy 
soon re-appeared. In 1814 the El Joasim professed a desire to be at peace 
wdth the British Government, provided they were left at liberty to make war 
on the neighbouring Arab tribes. They even expressed themselves ready to 
abstain from molesting their Arab neighbours if the British Government would 
guarantee them protection from the vengeance of the Wahabee Chief.’ But they 
w^ere quite unable to make good their professions. Even after the negotiation 
of preliminary Articles of peace with the Eesident at Bushire, the El Joasim 
attacked and plundered British vessels. Other tribes were soon drawn under 
the W'ahabee influence, and piracy increased beyond endurance. An expedi- 
tion under Sir W. Grant Keir was therefore despatched to the Persian Gulf in 
1819 for the purpose of completely crushing them. Eas-ool-Kheimah was 
taken on 9th December, and engagements (No. XX.) were made with the 
Arab Chiefs preliminary to the conclusion of a general Treaty (No. XXI.). 
The object of the preliminary engagements w’as to include all matters of a 



46 Turkisli Arabia the Persian Gulf— Persian GmH— Maritime Triles, Part I 


temporary or individual character^ so as to reserve the general Treaty exclu- 
sively for arrangements of a permanent nature common to all the Arab Chiefs 
who might be disposed to subscribe it. 

By the 9th Article of the Treaty of 1820 the carrying off of slaves from 
the coasts of Africa or elsewhere^ and the transporting them in vessels^, was 
declared to be plunder and piracy. This was not interpreted as forbidding 
traffic in slaves^, but as prohibiting kidnapping only. A very extensive trade 
in slaves was carried on from the ports of the Bed Sea and Persian Gulf with 
Kattiawarj Kutch^ and the Native States on the west coast of India^ which^, 
under the interpretation put on the Treaty of 1820^ the British Government 
had no power to interfere with. In April 1838^ under instructions from 
Government; the Resident in the Persian Gulf obtained from the maritime 
Chiefs of Ras-ool-Kheimah; EjmaU; Debay, and Aboo-Dhebbee an Agreement 
(No. XXII.) giving to British cruisers the right to detain and search vessels 
suspected of being employed in carrying off slaves^ and to confiscate the 
vessels if found so employed. In the following year the Chiefs of Ras-ool- 
Kheimah; Debay^ Aboo-DhebbeC; and Umm-ool-Keiweyn entered into an Agree- 
ment (N 0 . XXIII.) of three Articles ; the first and second of these Articles 
gave to the British Government the right to search and confiscate slave vessels 
found beyond a line from Cape Delgado; on the African coast; passing two 
degrees east of Socotra; and ending at Cape Guadel; on the Mekran coast; 
unless driven beyond that line by stress of weather or other necessity. By 
the third Article the sale of persons of the Somalee tribe was declared to be 
piracy. The same Chiefs and also the Chiefs of Ejman and Bahrein entered 
into Engagements* (No. XXIV.) in 1847; binding themselves to prohibit; 
from and after-. 10th December 1847; the exportation of slaves from the 
African coast; or elsewhere; in vessels belonging to themselves or their sub- 
jects; and authorizing British cruisers to confiscate vessels found engaged 
in the forbidden traffic. In 1856 the trucial Chiefs signed an Agreement (No. 
XVI.) similar to that concluded with the Chief of Bahrein. (See p. 41.) 

The Treaty concluded with the maritime Arab Chiefs in 1820 did not 
limit the right of the Chiefs to carry on acknowledged war with each other 


* An Act of Parliament 12 and 13 Vic., Chap. LXXXIV., was passed to give effect to these 
engagements. See Appendix No. lY. 



Part I Turkish Arabia the Persian G-ulf— Persian QrvM-— Maritime Tribes. 47 


bj sea^ that is to say^ war proclaimed and avowed bj one Chief upon 
another. All other hostile aggressions, however, were declared to be piratical. 
But under the name of acknowledged war, many acts of piracy were com- 
mitted, especially during the season of the pearl-fishery. The Chiefs w-ere 
therefore induced, in 1S35, to bind themselves by a maritime truce, not, 
under any circumstances, to engage in hostilities by sea for a period of six 
months, on the understanding that the British Government would not inter- 
fere with their wars by land. The effects of this truce were so marked that 
the Chiefs w'cre easily persuaded in the following year, and again in 1S37 to 
renew it for eight months. Thereafter it was renewed annually till 1843, 
when it was prolonged (No. XXV.) for ten years. On the expiry of the ten 
years^ truce in 1853, a Treaty (No. XXVI.) of perpetual peace wns concluded, 
which provided that there should be a complete cessation of hostilities at sea 
between the subjects of the subscribing parties ; that in the event of aggres- 
sions on any one by sea, the injured tribe should not retaliate, but refer the 
matter to the British authorities in the Persian Gulf ; and that the British 
Government should watch over the peace of the Gulf and ensure at all times 
the due observance of the Treaty. 

In 1864 the maritime Chiefs bound themselves (No. XXVII.) to prevent 
their subjects from interfering wdth the telegraphic operations in or near their 
territories. 


In 1867 the Chief of Aboo-Dhebbee joined the Chief of Bahrein in a 
piratical outrage on the tribes inhabiting the El Kutr coast. On the appearance 
of British vessels of war off Aboo-Bhebbee the Chief signed an Agreement 
(No. XXVIII.) not to commit any breach of the maritime peace and to pay a 
fine of 25,000 dollars. After about one-fourth of this fine had been realized, 
the remainder was remitted in eonsecpence of the subsequent good behaviour 
of the Chief. (See Bahrein, p. 42.) 

At the same time an Agreement (No. XXIX.) w^as signed hy Mahomed 
bin Thanee, the principal Chief of El Kutr, by which he bound himself not to 
put to sea with hostile intentions, to have no connection with Mahomed bin 
Khuleefa and to refer any difference of opinion with the Chief of Bahrein to 
the arbitration of the British Resident. 



48 Turkisli Arabia & tiie Persian Gulf— Persian QrviM—MaTiUme Tribes. Part I 


For losses occasioned to Britisli subjects on this occasion a fine of Rupees 
3^740 was recovered from the Chief of Wakrah on the El Kutr coast. 

In 1873 the maritime Chiefs renewed (Nos. XXX. and XXXI.) their en- 
gagements to prohibit the traffic in slaves. 

These Chiefs are constantly engaged in hostilities with each other on land, 
but the British Government does not interfere so long as the maritime peace 
is not broken. A Native Agent is stationed at Shargah, but makes frequent 
visits to the adjoining ports ; his duties are to protect British subjects and 
property, prevent a breach of the maritime peace, settle claims, and afford 
aid to shipwrecked crews. 



Part I Tur. Arabia &; Per. aulf— Per. G-ulf-P^Am«— Nos. XIV. & XV. 49 


No. XIV. 

Teanslatiois- of the DECLAEATioir of the Wahabee Ameer. 

I, Mahomed bin Abdullah bin Maneh^ am certain on the following* 
points : — 

I am authorized by Imaum Abdullah bin Fysul to request the Sahib, the 
Resident in the Persian Gulf, to become the medium of friendship between 
Imaum Abdallah bin Fysul and the British Government. 

Secondly . — I assure the Resident in the Persian Gulf on the part of 
Imaum Abdullah bin Fysul that he will not oppose or injure British subjects 
residing in territories under the authority of Abdullah bin Fysul; and 

Thirdly . — I assure the Resident in the Persian Gulf on the part of Imaum 
Abdullah bin Fysul that he will not injure or attack the territories of the 
Arab tribes in alliance with the British Government, especially on the 
Kingdom of Muscat, further than in receiving the zukat that has been 
customary of old. 

Written by my hand at Bushire, on Saturday, the 5th day of 2ilh«jeh 
128^ (21st day of April 1866.) 


! L. S, i 


(Sd.) Mahomed bin Abdcllah bin Maneh. 


No. XV. 

Teanslation of the Peeliminaey Treaty with the Sheiehs of Bahrein. 

In the name of God, the merciful, the compassionate ! 

Know all men, there hath come into the presence of General Sir William 
Grant Keir the Saeed Abdool Jalil, Vakeel on the part of the Sheikhs Sulei- 
man bin Ahmed and Abdoolla bin Ahmed, and there have passed between the 
General and the said Abdool Jailil, on the part of the above named, the 
following stipulations : — 

Article 1. 

■ That the Sheikhs shall not permit from henceforth, in Bahrein or its 
dependencies, the sale of any commodities which have been procured by means 
of plunder and piracy, nor allow their people to sell any thing of any kind 
whatsoever to such persons as may be engaged in the practice of plunder 
and piracy ; and if any of their people shall act contrary hereto, it shall be 
equivalent to an act of piracy on the part of such individuals. 

Article 2. 

That they shall deliver up all the Indian prisoners who may be in their 
possession. 


VII 


7 



50 Turkish. Arabia & Persian Gulf— Per. XVI. Part I 


Article 3. 

The Sheikhs Suleiman bin Ahmed and Abdoolla bin Ahmed shall be 
admitted to the terms of the general Treaty with the friendly Arabs. End of 
the Articles. 

Issued at ShargaJi in tripUeate^ on Saturday y the i/wentietli of the month of 
Bahe-ool~TJiamj y in the year of the Hegira one thousand two hundred and thirty^ 
fiveycorresgonding to theffth of February one thousand eight hundred and twenty, 

(Sd.) W. G. KeiR; 

Major General, 

The above Articles accepted by me in quality of Vakeel of the Sheikhs 
named above. 

(Sd.) Saeeb Abdal Jalil bin Saeeb Yasal Tabatabay. 


L. S. 


No. XVI. 


Translation of a further Enoagement entered into by Sheikh Mahomed bin Kha- 
LEEEA, Chiee of Baheein, With the British Government, for the more effectual 
suppression of the Slave Trade. 

It having been notified to me by Captain Jones, Resident in the Persian 
Gulf, that an Article was omitted to be inserted in the Conventions entered 
into by the Maritime Chiefs of the Arabian Coast and Oman with the British 
Government for the purpose of prohibiting the importation of, and traffic in, 
slaves, which Convention on my part bears date the 22nd Jumadee-ool-awal 
1263 A. H.=8th May 1847 accordingly, I, Sheikh Mahomed bin Khaleefa, 
Chief of Bahrein, do hereby engage and bind myself (purely out of friendship 
to the Sirkar, and to assist it in efeetually attaining the object it desires) to 
put into execution the said Article. 

The Article is this 


Whensoever it shall become known and certain that from any quarter 
whatsoever slaves have been brought to my territories, or to any places subject 
to my authority, I, of my own free will and accord, will seize the said slaves 
and deliver them over to the British vessels of war. Further, should it be 
ascertained that slaves have been carried in any of my vessels, or in the vessels 
of people, my subjects, or dependants, and it should happen that the Govern- 
ment cruizers did not fall in with the said vessels, then, no matter where the 
slaves have been landed, do I hereby bind myself to place an embargo upon 
the delinquent boat and her Nakhoda until such time as instructions have 
been received from the Resident at Bushire regarding them. 

Hated this ^th day of Bamzany A, H. 1272 [or 10th day of May 1856 A.Hj, 


L. S. 


Sheikh Mahomeb bin Khalepea. 


A similar engagement was entered into by the Maritime Chiefs of Ras- 
ool-Kheirmah, Ummool Keirweyn, Debay, Ejman and Aboo Dhebbee. 





Part I Turkish Arabia & Persian Golf— Per. OeuM—Bakrein-^l^o^ XVII. 51 


No. XVIL 

Teems of a feiendly Convention entered into betweenSnEiEH Mahomed bin Khuleefa, 
INDEPENDENT RULEE of BaHEEIN, on the part of HIMSELF and SFCCESSOES, and 
Captain Felix Jones, Hee Majesty’s Indian Xavy', Political Resident of Her 
Beitannic ]\Iajesty in the Gulf of Persia, on the part of the British Government. 

Preliminary. — Considering the tribe disorders which arise and are per- 
petuated from maritime aggressions in the Persian Gulf^ 1^ Sheikh Mahomed 
bin Khuleefa, independent ruler of Bahrein^ on my own part and on that of 
my heirs and successors, in the presence of the Chiefs and elders who are wit- 
nesses to this document, do subscribe and agree to a perpetual Treaty of peace 
and friendship with the British Grovernment, having for its object the advance- 
ment of trade and the security of all classes of people navigating or residing 
upon the coasts of this sea : — 

Article 1. 

I recognize as valid and in force all former Treaties and Conventions agreed 
to betw’-een the Chiefs of Bahrein and the British Government, either direct or 
through the mediation of its representatives in this Gulf. 

Article 2. 

I agree to abstain from all maritime aggressions of every description, 
from the prosecution of war, piracy and slavery by sea, so long as I receive 
the support of the British Government in the maintenance of the seeuritj^ of 
my own possessions against similar aggressions directed against them by the 
Chiefs and tribes of this Gulf. 

Article 3. 

In order that the above engagements may be fulfilled, I agree to make 
known all aggressions and depredations which may be designed, or have place 
at sea, against myself, territories, or subjects, as early as possible, to the 
British Resident in the Persian Gulf, as the arbitrator in such cases, promisiug 
that no act of aggression or retaliation shall be committed at sea by Bahrein, 
or in the name of Bahrein, by myself or others under me, on other tribes with- 
out his consent or that of the British Government, if it should be necessary 
to procure it. And the British Resident engages that he wall forthwith take 
the necessary steps for obtaining reparation for every injury proved to have 
been inflicted, or in course of infliction by sea upon Bahrein, or upon its 
dependencies in this Gulf. In like manner, I, Sheikh Mahomed bin Khuleefa, 
will afford full redress for all maritime offences, which in justice can be 
charged against my subjects, or myself, as the ruler of Bahrein. 

Article 4. 

British subjects of every denomination, it is understood, may reside in, 
and carry on their lawful trade in the territories of Bahrein, their goods being 
subject only to an ad valorem duty of 5 per cent, in cash or in kind. This 
amount once paid shall not be demanded again on the same goods if exported 
from Bahrein to other places; and in respect to the treatment of British sub- 
jects and dependants, they shall receive the treatment and consideration of 



62 Turkish. Arabia & Persian Gulf— Per. Gcvilf— Bahrein — TSo, XVII. Part I 


the subjects and dependants o£ the most favoured people. All o'ffences which 
they may commit^ or which may be committed against them^ shall be reserved 
for the decision of the British Resident, provided the British Agent located 
at Bahrein shall fail to adjust them satisfactorily. In like manner, the 
British Resident will use his good offices for the welfare of the subjects of 
Bahrein in the ports of the maritime Arab tribes of this Gulf in alliance with 
the British Government. 

Aeticle 5. 

These Articles of alliance shall have effect from the date of ratification or 
approval by the British Government. 

Bone at BaJirem this twentieth day of Zilhady in the year of the Hegira 
1277, corresponding with the thirty -first day of May 1861. 


Signature and Seal of Felix Jones, 
Political Resident in the Persian Gulf 


Seal of Sheikb 
Mahomed, 
Ruler of 
Bahrein. 


Seal of Sheikh 
Ali bin 
Khuleefa, 
Brother of 
the above. 


Seal of Sheikh 
Hamid bin 
Mahomed, 
Cousin of 
Sheikh 
Mahomed. 



'd 


Seal of Sheikh 
Ahmed bin 
Mubarek, Cou- 
sin of Sheikh 
Mahomed. 


.a 


M 


Seal of Sheikh 
Khuleefa bin 
Mahomed, Cou- 
sin of Sheikh 
Mahomed. 


Approved by His Excellency the Governor General in Council on the 9th 
October 1861, and ratified by the Government of Bombay on 25th February 


1862. 





Part I Tur. Arabia & Per. Gulf —Per. QcVlIX— Bahrein ^ M. Tribes— ISo, XIX. 63 


No. XYIII. 

TEAiTSLATioif of the AGEEE3IE^^T entered into by Ali Biif Khuleefa, Sheizh of Baheeix. 

We, the undersigned, Ali bin Khalifeh and the inhabitants and subjects 
of Bahrein in general, do hereby declare that Alahomed bin Khalifeh having 
repeatedly committed acts of piracy and other irregularities at sea, and having 
now, after his recent piratical act, fled from Bahrein, has forfeited all claim to 
his title as principal Shaikh and Chief of Bahrein, and at the present moment 
there being no other Shaikh, I, Ali bin Khalifeh, received the Resident's letter 
addressed to Mahomed bin Khalifeh, and have understood the demands therein 
made, and I hereby agree and accept the conditions as follows ; — 

1st , — To make over to-morrow morning, 19th Jemadi-ool-awul 1285 (7th 
September 1868), to the high in rank. Captain Brown, Commanding Her 
Majesty^s ships present, all the war buglas and buteels belonging to Mahomed 
bin Khalifeh and myself. 

%?id . — To pay the Resident the sum of one lakh of dollars in the rnanner 
specified below : — 

25.000 dollars cash, payable on the spot on the 7th September 1868. 

76.000 dollars by three annual instalments of 25,000 dollars each 
instalment, being payable on the 7th September of each successive year until 
the total sum is paid up. 

Zrd * — To consider Mahomed bin Khalifeh as permanently excluded from 
all participation in the affairs of Bahrein, and as having no claim to that 
territory, and in case of his returning to Bahrein, I promise to seize and 
make him over to the Resident. But if I do not act up to the stipulations 
now agreed, I may be considered a pirate, as Mahomed bin Khalifeh himself. 

4dh . — In view' of preserving the peace at sea, and precluding the occur- 
rence of further disturbance, and in order to keep the Resident informed of 
what happens, I promise to appoint an Agent on my part at Bushire. 

Written on the l?)th Jemadi-ool-awul 1285 = Qth September 1868. 


No. XIX. 

CoTTLNAMAH or Ageeemezt between Sheikh Abuuela bin Ceoosh, on tbe part of 
Sheikh-xjl Mus Sheikh Ambeb Sultan bin Suggue, Bin Kashid, Joasmee, and 
Captain David Seton, on the part of the Honoueable East India Company. In 
Bundee Abbass, this 6th day of Eebruary 1806. 

Auticle I. 

There shall be peace between the Honourable East India Company and 
Sultan bin Suggur, Joasmee, and the whole of bis dependants and subjects 
on the shores of Arabia and Persia, and they shall respect the flag and property 
of the Honourable East India Company, and their subjects wherever and in 
whatever it may be, and the same the Honourable East India Company 
towards the Joasmee. 



54 Turkish Arabia & Persian G-ulf— Per. Gulf— If. ISTo. XX. Part I 


Article 2. 

Should the J oasmee infringe the above, they shall be liable in the sum 
of dollars 30,000, and on this condition Captain David Seton agrees to receive 
from Ameer Sultan bin Suggur the Brig now laying at Muscat, and to drop 
the claims to the cargo guns, &c., of the said vessel and the Shannon, 

Article 3. 

Whatever British property shall be found in the Sorie fleet shall be 
restored. 


Article 4. 

Should any British vessel touch on the coasts of the Joasmee for wood 
or water, or be forced on shore by stress of weather, or any other cause, the 
Joasmee shall assist and protect the said vessel and property, and permit it to 
be disposed of or carried away, as their owners shall see fit, without claim or 
demand. 

Article 5. 

Should Johood compel the Joasmee to infringe this peace, they shall 
give three months'* previous notice in all places. ^ 

Article 6. 

When the above is confirmed and ratified by both parties, the Joasmee shall 
frequent the English ports from Surat to Bengal as before. 

(Sd.) David Seton. 

(Sealed) Abdullah bin Croosh. 

Signed, sealed, and confirmed. 

Sultan Bin Suggur. 

Approved and sanctioned by the Governor General in Council on 29th 
April 1806. 


No. XX. 

Translation of the Peeliminaet Teeatt with Sultan bin Suggue. 

In the name of God, the merciful, the compassionate ! 

Know all men that Sultan bin Suggur has been in the presence of 
General Sir William Grant Keir, and there have passed between them the 
following stipulations: — 

Article 1. 

Sultan bin Suggur shall surrender to the General towers, guns,' and 
vessels which are in Shargah, Imam, tJmm-ool-keiweyn, and their dependencies. 



'Part I Turkisli Arabia & Persian G-tilf— Per. Gulf—IT. THSes—Ko. XX. 55 


The General will leave the boats which are for the pearl fishery and fishing 
boats, and the remainder of the vessels shall be at the disposal of the General. 


Article 2, 


Sultan bin Suggur shall give up all the Indian prisoners if any such are 
in his possession. 

Article 3. 

The General will not allow the troops to enter the towns to lay them 
waste. 

Article 4. 


After the execution of these engagements, Sultan bin Suggur shall 
be admitted to the same terms of peace as the remainder of the friendly 
or pacificated^^) Arabs. 

On these conditions there is a cessation of hostilities between the Gene- 
ral and Sultan bin Suggur and his followers, with the exception that their 
boats are not to go to sea. 

Done at Bas-ool-Kheimah on the twentieth of Rahee<d-Atoul, in the year 
1235, corr€spo7iding to the siivth of Jamiary one thousand eiylit hundred and 
twenty. 


(Sd.) W. Grant Keir, 

Major General. 


L. s. 


Sultan bin Suggur, 
with his own hand. 


Copy of the Articles entered into with Sultan bin Suggur. Witness my 
hand and seal. 


(Sd.) W, Grant Keir, 
Major General. 


Tsi-NSLATION of the Preliminaet Treaty with Hassun-bin Rahmah. 

In the name of God, the merciful, the compassionate ! 

Know all men that Hassun bin Eahmah has been in the presence 
of General Sir William Grant K eir, and there have passed between them the 
following stipulations : — 

Article 1. 

The town of Ras-ool-Kheimah and Maharra, and the towers which are 
in the date groves near the town, shall remain in the hands of the British 
Government. 





56 TurMsh Arabia & Persian G-ulf— Per. Gulf— ilf. Tribes^No, XX. Part I ’ 


Article 2. 

If any of the vessels of Hassun bin Rahmah are in Shargah or TJmm-ool- 
keiweyn or Imam^ or any other of the p]aces“to which the General shall go with 
the force, they shall be surrendered to the General, and the General will leave 
those which are for the pearl fishery and fiishing boats. 


Article 3. 

Hassun bin Rahmah shall give up all the Indian prisoners if any such 
are in his possession. 

Article 4. 

After the execution of these engagements, Hassun bin Rahmah shall be 
admitted to the terms of tlie general Treaty with the friendly (literally the 
pacificated) Arabs. End of the Articles. 

Issued at Ras-ool-KJieimaA in the forenoon of Saturday ^ ike twenty ’-second of 
the month of Rabe-ulAwul, in the year of the Hegira one thousand two hmdred 
and thirty five, corresponding to the eighth of January 1820. 


L. S. 


L, S, 


(Sd.) W. Grant Keir, 

Major General, 

The signature of Hassun Bin Rahmah. 


Copy of the Articles between the General and Hossun bin Rahmah. 
Witness my hand and seal. 


L. S. 


(Sd.) W, Grant Keir, 

Major General, 


Translation of the Preliminary Treaty with the Sheikh of Debay. 

In the name of God, the merciful, the compassionate ! 

Know all men that Mahomed bin Haza bin Zaal, a minor, accompanied 
by Ahmed bin Futeiss, has been in the presence of General Sir William 
Grant Keir, and there have passed between them the following stipulations : — 

Article 1. 

The people of Debay shall surrender to the General the vessels which are 
in Debay and its dependencies and the guns which are in the town and in the 
towers. The General will leave the boats which are for the pearl fishery and 
fishing boats. 




Part I T. A. & Persian Gulf—Pe^rsian Giilf—3£ Trihes^No, XX, 


57 


Article 2 . 

The people of Debay shall give up all the Indian prisoners if any such are 
in their possession. 

Article 3. 

The General will not allow the troops to enter the town to lay it waste, 
and further, as a mark of consideration towards His Highness the Imam 
Saeed bin Sultan on the part of the General, he will not demolish the fort 
and towers. 

Article 4. 

After the execution of these engagements, Mahomed bin Haza bin Zaal 
and his followers shall be admitted to the same terms of peace as the remainder 
of the friendly (literally the paeificated'*^) Arabs. 

On these conditions there is a cessation of hostilities between the British 
and Mahomed bin Haza bin Zaal and his followers, with the exception that 
their boats are not to go to sea. 

Done at Ras-ool-Khemah on the %2>rcL of the month of Rabe-uUAwul^ in 
the year 1235, corresponding to the ^th of January 1820. 

(Sd.) W. Grant Keir, 

Major General. 

Seal of Ahmed 
Puteis. 


Witnessed by the signature of Sheikh Hamza bin Mahomed bin Zubu al 
Moyzzine, Sheikh of Kishme, with his own hand. 

Copy of the Articles between the General and Mahomed bin Haza bin Zaal. 
Witness my hand and seal. 

(Sd.) W. Grant Keir, 

Major General,^ 

Texnslition of the Preliminary Treaty with Sheikh Shahbout, of Aboo Dhebbee. 

In the name of God, the mercifrd^ the compassionate ! 

Know all men that Sheikh Shahbout bin Dhyab al Talahij has been im' 
the presence of General Sir William Grant Keir, and there have passed between 
them the following stipulations : 

Article 1. 

If in Aboo Dhebbee or any other of the places belonging to Sheikh 
Shahbout there are any of the vessels of the piratical powers which have been 

8 





VII 






68 T. Arabia & Persian Gulf— Persian GuK— iW. Tribes— XX. Part I 


attached or may be hereafter attached by the General during the present war 
against the pirates^ he shall deliver such vessels to the General. 

Article 2. 

Sheikh Shahbout shall be admitted to the terms of the general Treaty 
with the friendly Arabs. 

Do'ue at Ras-ool-Kheimah on the twenty -fifth of the Rahee-ul-Awttlj in the 
yea)' one thousand two htmdred and thirty-five^ corresponding to the eleventh of 
January 1820 . 

(Sd.) W. Grant Keir, 

Major General. 

(Sd.) Shahbotjt. 

Copy of the Articles between the General and Sheikh Shahbout. 

Witness my hand and seal. 

(Sd.) W. Grant Keir, 

Major General, 


Translation of the Preliminary Treaty with Hasstjn bin Ali. 

In the name of God, the merciful, the compassionate ! 

Know all men that Hassun bin Ali has been in the presence of General 
Sir William Grant Keir, and there have passed between them the following 
stipulations : — 

Article 1. 

If any of the vessels of Hassun bin Ali are in Shargah, or Umm-ool-beiweyn 
or Imam, or Aboo Dhebbee, or any other of the places to which the General 
shall go with the force, such vessels shall be surrendered to the General, and 
the General will leave those which are for the pearl fishery and fishing boats. 

Article 2. 

Hassun bin Ali shall give up all the Indian prisoners if any such are in 
his possession. 







Part I T. A. & the Persian Gnlf—Persian Griilf— -Jf. Triles—lSo. XXI. 


Article 3. 

After this Hassun bin AH shall be admitted to the terms of the general 
Treaty with the friendly (literally the pacific at ed^^) Arabs. End of the 
Articles. 

Issued at Ras-ooIKheimaJi in ilie forenoon of Saturday ^ ilie twenty -ninth of 
the month of Rale-ul-Awnl^ in the year one thousand Uoo hundred and thirty- 
five, correspo7iding to the \^th of Ja^iuary 1820. 

j (Sd.) W. Graot Keir, 

T Q 

* { Major General, 


(Sd.) Hassun bin All 


Copy of the Articles entered into between "the General and Hassnn bin 
Ali in the forenoon of Saturday^ the twenty-ninth of Rabe-ul-Awiil^ in the 
year of Hegira one thousand two hundred and thirty-five^ corresponding to 
the 15 th of January 1820. 


Witness my hand and seal. 

1 L. S. 1 


(Sd.) W. Grant Keib, 
Major General, 


No. XXL 

Translation of the General Treaty with the Arab Tribes of the Persian Gulf. 

In the name of God^ the merciful, the compassionate I 

Praise be to God, 'vho hath ordained peace to be a blessing to his creatures. 
There is established a lasting peace between the British Government and 
the Arab tribes, who are parties to this contract, on the following con- 
ditions : — 

Article 1. 

There shall be a cessation of plunder and piracy by land and sea on the 
part of the Arabs, who are parties to this contract, for ever. 

Article 2. 

If any individual of the people of the Arabs contracting shall attack any 
that pass by land or sea of any nation whatsoever, in the way of plunder and 
piracy and not of acknowledged war, he shall be accounted an enemy of all 
mankind and shall be held to have forfeited both life and goods. And ac- 
knowledged war is that which is proclaimed, avowed, and ordered by govern- 
ment against government ; and the killing of men and taking of goods with- 
out proclamation, avowal, and the order of a government, is plunder and 
piracy. 





60 


T. A. «& Persian Gnlf—Persian Gulf— -af. Tribes— "No, XXI. Part I 


Aeticle 3. 

(literally the pacificated) Arabs shall carry by land and 
sea a red flag, with or without letters in it, at their option, 
and this shall be in a border of white, the breadth of the 
white in the border being equal to the breadth of the red, 
as represented in the margin, (the whole forming the flag 
known in the British Navy by the title of white pierced 
red,) and this shall be the flag of the friendly Arabs, and 
they shall use it and no other. 

Aeticle 4. 

The pacificated tribes shall all of them continue in their former relations, 
with the exception that they shall be at peace with the British Government, 
and shall not fight with each other, and the flag shall be a symbol of this 
only and of nothing further. 

Aeticle 5. 

The vessels of the friendly Arabs shall all of them have in their posses- 
sion a paper (Register) signed with the signature of their Chief, in which 
shall be the name of the vessel, its length, its breadth, and how many Karahs 
it holds. And they shall also have in their possession another writing (Port 
Clearance) signed with the signature of their Chief, in which shall be the 
name of the owner, the name of the Naeodah, the number of men, the 
number of arms, from whence sailed, at what time, and to what port bound. 
And if a British or other vessel meets them, they shall produce the Register 
and the Clearance, 

Aeticle 6. 

The friendly Arabs, if they choose, shall send an envoy to the British 
Residency in the Persian Gulf with the necessary accompaniments, and he 
shall remain there for the transaction of their business with the Residency ; 
and the British Government, if it chooses, shall send an envoy also to them 
in like manner ; and the envoy shall add his signature to the signature of the 
Chief in the paper (Register) of their vessels, which contains the length of the 
vessel, its breadth, and tonnage ; the signature of the envoy to be renewed 
every year. Also all such envoys shall be at the expense of their own party. 

Aeticle 7. 

If any tribe, or others, shall not desist from plunder and piracy, the 
friendly Arabs shall act against them according to their ability and circums- 
tances, and an arrangement for this purpose shall take place between the 
friendly Arabs and the British at the time when such plunder and piracy shall 
occur. 

Aeticle 8. 

The putting men to death after they have given up their arms, is an act 
of piracy and not of acknowledged war; and if any tribe shall put to death 
any persons, either Mahomedans or others, after they have given up their 


The friendly 





Part I 


T. A. & P. Gulf—Persian Gulf— If. Tnbes—No. XXI. 


61 


arras, sucli tribe shall be held to have broken the peace ; and the friendly 
Arabs shall act against them in conjunction with the British, and, God will- 
ing, the war against them shall not cease until the surrender of those who 
performed the act and of those who ordered it. 

Article 9. 

The carrying off of slaves, men, women, or children from the coasts of 
Africa or elsewhere, and the transporting them in vessels, is plunder and 
piracy, and the friendly Arabs shall do nothing of this nature. 

Article 10. 

The vessels of the friendly Arabs, bearing their flag above described, 
shall enter into all the British ports and into the ports of the allies of the 
British so far as they shall be able to effect it; and they shall buy and sell 
therein, and if any shall attack them, the British Government shall take 
notice of it. 

Article 11. 

These conditions aforesaid shall be common to all tribes and persons, who 
shall hereafter adhere thereto in the same manner as to those who adhere to 
them at the time present. End of the Articles. 

Issued at Ras^-ooIKheimah, in triplicate, at muhday, on Saturday, the 
twenty -second of the month of Rahe-ul-Awul, in the year of the Hegira one 
thousand two hundred and thirty-five, corresponding to the eighth of January 
one thousand eight hundred and twenty, and signed by the contracting parties at 
the places and times under written. 

Signed at Eas-ool-Kheimah at the time of issue by 

(Sd.) W. Grant Keir, 

Major General. 

(Sd.) Hassun bin Rahmah, 

Sheikh of Hati and Faina, formerly of 

Ras-ool-Kheim ah. 

(Sd.) Razib bin Ahmed, 

Sheikh of Jour at al Kamra. 

(An exact translation.) 

(Sd.) J. P. Thompson, Captain, 

Ylth Light Dragoons and Interpreter. 

Signed at Ras-ool-Kheimah, on Tuesday, the twenty-fifth of the month 
of Eabe-ul-Awul, in the year of the Hegira one thousand two hundred and 
thirty-five, corresponding to the eleventh of January 1820. 

j I (Sd.) Shakbout, 

! Sheikh of Aboo Dehbhee. 


L. S. 


L. S. 


L. S. 





62 


T, A. & P. Gulf— Persian Gulf— Jf. Trihes—lSo, XXI. 


Part I 


Signed at Eas-ool-Kheimali^ at mid-day, on Saturday, the twenty-ninth o£ 
the month Rabe-ul-Awul, in the year of the Hegira one thousand two hundred 
and thirty-five, corresponding to the fifteenth of January 1820. 


(Sd.) HAssra BIN Ali, 

Blieihh of Zyali, 


The seal is Captain Thompson's, as Sheikh Hassun bin Ali had not a 
seal at the time of signature. 

Copy of the general Treaty with the friendly (literally the pacificated^^) 
Arabs, with the signatures attached to it, up to the fifteenth day of J anuary 
1820 inclusive. Given under my hand and seal. 

(Sd.) W. Grant Keir, 

Li S ' 

Major General. 


(Sd.) T. P. Thompson, Captain, 
nth Light Dragoons, and Interpreter. 


Eatified by the Governor General in Council on 2nd April 1820. 


Signed for Mahomed bin Haza bin Zaal, Sheikh of Debay, a minor, at 
Shargah, on Friday, the twelfth of the month of Rubee-oos-Sanee, in the 
year of the Hegira one thousand two hundred and thirty-five, corresponding 
to the twenty -eighth of January 1820. 


L. S. 


(Sd.) Saeeb bin Syf, 

Uncle of Sheihh Mahomed. 


Signed at Shargah, at mid-day, on Friday, the nineteenth of the month 
of Rubee-oos-Sanee, in the year of the Hegira one thousand two hundred 
and thirty-five, corresponding to the fourth of February 1820. 


(Sd.) Sultan bin Suggur, 
Chief of Shargah, 


Signed, at Shargah, by the Vakeel on the part of the Sheikhs Suleman 
bin Ahmed and Abdoolla bin Ahmed, in his quality of Vakeel to the Sheikhs 
aforesaid, on Saturday, the twentieth of the month of Rubee-oos-Sanee, in 


L. S. 







Part I T. A. & P. Gnlf—Persian Gulf-ilf. Trihes-^^lS^o, XXI. 6S 


the year of the Hegira one thousand two hundred and thirty-five^ correspond- 
ing to the 5th of February 1820. 

(Sd.) Stud Abdool Jabel bin Syxjd Yas^ 

Vakeel of Sheikh Suleman bin Ahmed a%d 
Sheikh Ahdoolla bin Ahmed, of the family 

of Khalifa, Sheikhs of Bahrein, 

Signed and accepted by Suleman bin Ahmed^ of the house of Khalifa^ at 
Bahrein^ on the ninth of Jemmadee-ool-Aivub in the year of the Hegira one 
thousand two hundred and thirty-five^ corresponding to the twenty-third of 
February 1820. 


L. S. 


Signed and accepted by Abdoolla bin Ahmed^ of the house of Khalifa^ at 
Bahrein, on the ninth of Jemmadee-ool-Awul, in the year of the Hegira one 
thousand two hundred and thirty-five, corresponding to the twenty-third of 
February 1820. 


L. S. 


Signed at Faleia, at noon, on Wednesday, the twenty-ninth of the month 
of Jemadee-ool-Awul, in the year of the Hegira one thousand two hundred 
and thirty-five, corresponding to the fifteenth of March 1820. 

(Sd.) Bashed bin Hamid, 

Chief of Bjman, 

Signed at Faleia, at noon, on Wednesday, the twenty-ninth of the 
month of J emmadee-ool-Awul, in the year of the Hegira one thousand two 
hundred and thirty-five, corresponding to the fifteenth of March 1820. 

(Sd.) Abdoolla bin Bashid, 

Chief of Jlmm-^ooUKeiweyn, 


(Sd.) W, Grant Keir, 

Major General, 











64 T. A. & P. Gulf—Porsian Gulf — Shargah, 'Ras^ool-Klieimah — ISTo. XXIXI. Part I 


No. XXII. 

Aeticle of Agreement entered into by Sheikh Sultan bin Sxjggxje, dated Sbargab, 
tbe 22nd Mobnrrum a.h. 1254, or 17th April a.o. 1838. 

In the event of vessels connected with my ports^ or belonging* to 
my sabjects, coining under the suspicion of being employed in the carrying 
off (literally stealing) and embarkation of slaves, men, women, or children, 
I, Sultan bin Suggur, Sheikh of the Joasmee Tribe, do hereby agree to their 
being detained and searched, whenever and wherever they may be fallen in 
with on the seas, by the cruizers of the British Government; and further that 
upon its being ascertained that the crews have carried off (literally stolen 
and embarked slaves, their vessels shall be liable to seizure and confiscation by 
the aforesaid cruizers. 


Sealed by 
Sultan bin 
SUGGUB. 


Sealed by Sultaist bin Suggue. 


Similar agreements signed by Sheikh Bashed bin Hamid, of Ejman ; 
Sheikh Muktoom bin butye, of Debay ; Sheikh Khuleefa bin Shakbout, of 
Aboo Dhebbee. 


No. XXIII. 

Translation of an Agreement entered into by Sheikh Sultan bin Sttggtjr, Chief of 
Eas-ool-Kheimah, dated off Eas-ool-Kheimab, 3rd July 1831). 

I, Sultan bin Suggur, Sheikh of the Joasmee Tribe, do hereby declare 
that I hind and pledge myself to the British Government in the following 
engagements : — 


Article 1. 

That the Government cruizers, whenever they may meet any vessel 
belonging to myself or my subjects beyond direct line drawn from Cape 
Dalgado, passing two degrees seaward of the Island of Socotra, and ending 
at Cape Guadel, and shall suspect that such vessel is engaged in the slave 
trade, the said cruizers are permitted to detain and search it. 

Article 2. 

Should it on examination be proved that any vessel belonging to myself 
or my subjects is carrying slaves, whether men, women, or children, for sale 
beyond the aforesaid line, then the government cruizers shall seize and con- 
fiscate such vessel and her cargo. But if the aforesaid vessel shall pass beyond 
the aforesaid line owing to stress of weather, or other case of necessity not 
under control, then she shall not be seized. 




Part I Turkish Arabia & Per. Gulf— Per. Gulf— If. Trihes^lNo. XXIV. 65 


Article 3. 

As the selling of males and females^ whether grown uj) or young, who 
are Hoor or free, is contrary to the Mahomedan religion, and whereas the 
Soomalee tribe is included in the ‘'‘’Hoor-’'^ or free, I, Sultan bin Suggur, do 
hereby agree that the sale of males and females, whether young or old, of the 
Soomalee tribe, shall be considered as piracy, and that after four months from 
this date, all those of my people convicted of being concerned in such an act 
shall be punished the same as pirates. 


Seal of 
SlTLTA2f BIN 

Sttg-oub. 


Note. — A similar agreement to the above was entered into by Sheikh 
Khuleefa bin Shakbout on the 1st July 1839, and by Sheikh Muktoom, of 
Debay, and Sheikh Abdoola bin Rashed of Umm-ool-Keiweyn, on the 2nd of 
the same month. 


No. XXIV. 

Tkanslation of an Engagement entered into by Sheikh Sultan bin Suggue, Chiee of 
Eas-ool-Kheimah and Shaegah, for the abolition of the Afeican slave teade in 

his POETS. 

It having been intimated to me by Major Hennell, tbe Resident in 
the Persian Gulf, that certain conventions have lately been entered into by 
His Highness the Imam of Muscat and other powers with the British Gov- 
ernment for the purpose of preventing the exportation of slaves from the 
African coast and elsewhere, and it. having, moreover, been explained to 
me that, in order to the full attainment of the objects contemplated by 
the aforesaid conventions, the concurrence and co-operation of the Chiefs 
of the several ports situated on the Arabian coast of the Persian Gulf 
are required, accordingly I, Sheikh Sultan bin Suggur, Chief of the Joasm.ee 
tribe, with a view to strengthen the bonds of friendship existing between me 
and the British Government, do hereby engage to prohibit the exportation of 
slaves from the coasts of Africa and elsewhere on board of my vessels and 
those belonging to my subjects or dependants ; such prohibition to take effect 
from the 1st day of Mohurrum a.h. 1264, (or 10th December a.d. 1847.) 

And I do further consent that whenever the cruizers of the British Gov- 
ernment fall in with any of my vessels, or those belonging to my subjects or 
dependants, suspected of being engaged in slave trade, they may detain and 
search them; and in case of their finding that any of the vessels aforesaid 
have violated this engagement, by the exportation of slaves from the coasts of 

9 


VII 




66 Turkisk Arabia & Per. G-nlf— Per. G-ulf— J£ THhes—'No, XXV. Part I 


Africa, or elsewhere, upon any pretext whatever, they (the government cruizers) 
shall seize and confiscate the same. 


Dafed'tMs da^ of Jemmadee-ool-Awtil A.H. 1268, or clay of 

Ajml AD, 1847. 


I L.S. 


(Sd.) Sheikh Sultan bin Sugguk. 


JDelay . — Sheikh Muktoom^s Engagement is dated ‘llth Jemmadee-ool- 
Awul 1268, or 80th April 1847. 

JEjman , — Sheikh Ahdool Azeez^s Engagement is dated 15th Jemmadee-ool- 
Awul 1268, or 1st May 1847. 

Tlmni-ool-Kehoeyn . — Sheikh Abdoolla bin Eashed^s Engagement is dated 
15th Jemmadee-ool-Awul 1268, or 1st May 1847. 

Ahoo DJiehbee , — Sheikh Saeed bin Tahnoon^s Engagement is dated 17th 
Jemmadee-ool-AwuI 1268, or 3rd May 1847. 

Bahrein , — Sheikh Mahomed bin Khuleefa^s Engagement is dated 22nd 
Jemmadee-ool-Awnl 1268, or 8th May 1847. 


No. XXV. 

Teems of a Maeitime teuce for ten yeaes agreed upon hy the Chiefs of the Aeabian 
Coast, under the mediation of the Eesident in the Peesian Gulf, dated 1st June 1843. 

We, whose seals are hereunto affixed, viz.^ Sultan bin Suggur, Chief of 
the Joasmee Tribe, Khuleefa bin Shakbout, Chief of the Beniyas, Muktoom 
bin Butye, Chief of the Boo Falasa, Abdoollah bin Bashed, Chief of Umm- 
ool-Keiweyn, Abdool Azeez bin Bashed, Chief of Ejman, being fully impressed 
with a sense of the evil consequences arising from our subjects and dependants 
being prevented carrying on the pearl fishery without interruption on the 
banks, owing to the various feuds existing amongst ourselves, and, moreover, 
duly appreciating the general advantage to be derived from the establishment 
of a truce, do hereby agree to bind ourselves down to observe the following 
conditions : — 

Aeticle 1. 

That from the 1st June a.d. 1848 (the corresponding Mahomedan date 
2nd Jemmadee-ool-Awul Hegira 1259), there shall be a cessation of hostilities 
at sea between our respective subjects and dependants, and that from the above 
date until the termination of the month of May a.d. 1858, an inviolable 
truce shall be established, during which period our several claims upon each 
other shall rest in abeyance, 

Aeticle 2. 

That in the event of any of our subjects or dependants committing any 
acts of aggression at sea upon those of any of the parties to this agreement, 
we will immediately afford full redress upon the same being brought to our 
notice. 



Part I Turkisli Arabia & Per, G-ulf —Per. G-ulf— IT. Trihes—'^o, XXTI. 67 


Article 3, 

That in the event of any acts of aggression being committed at sea 
upon any of our subjects or dependants, we will not proceed immediately to 
retaliate, but will inform the British Resident or the Commodore at Bassidore, 
who will forthwith take the necessary steps for obtaining reparation for the 
injury inflicted, provided that its occurrence can be satisfactorily proved. 

Article 4. 

That on the termination of the month of May 1853^ by God^s blessing, 
we will endeavour to arrange either an extension of this truce, or a firm and 
lasting peace ; but in the event of our being unable to come to a satisfactory 
adjustment regarding our respective claims, we hereby bind ourselves to 
give notice, on or about the above date, to the British Resident, of our inten- 
tion to renew hostilities after the expiration of the term now fixed upon for 
this truce, the end of the month of 1853. 

Sipied as in the preamlle. 


No. XXVI. 

Treaty of Peace in perpetuity agreed upon by the Chiefs of the Arabtax coast in 
behalf of themselves, their heirs and successors, under the mediation of the 
Residext in the Persiax Gulf. 

We, whose seals are hereunto afiixed, Sheikh Sultan bin Suggur, Chief of 
Ras-ool"Kheima, Sheikh Saeed bin Tahnoon, Chief of Ahoo Dhebbee, Sheikh 
Saeed bin- Butye, Chief of Debay, Sheikh Hamid bin Rashed, Chief of 
Ejman, Sheikh Abdoolla bin Rashed, Chief of Ummool Keiweyn having 
experienced for a series of years the benefits and advantages resulting from a 
maritime truce contracted amongst ourselves under the mediation of the 
Resident in the Persian Gulf and renewed from time to time up to the present 
period, and being fully impressed, therefore, with a sense of the evil conse- 
quence formerly arising from the prosecution of our feuds at sea, whereby 
our subjects and dependants were prevented from carrying on the pearl 
fishery in security, and were exposed to interruption and molestation when 
passing on their lawful occasions, accordingly, we, as aforesaid, have deter- 
mined, for ourselves, our heirs and successors, to conclude together a lasting 
and inviolable peace from this time forth in perpetuity, and do hereby agree 
to bind ourselves down to observe the following conditions : — 

Article 1, 

That from this date, 25th Rujjub 1269, 4th May 1858, and here- 
after, there shall be a complete cessation of hostilities at sea between our 
respective subjects and dependants, and a perfect maritime truce shall endure 
between ourselves and between our successors, respectively, for evermore. 



68 Tur. Arabia & Persian Gnlf— P. Gulf— -3f. Trihes--'Ho, XXVII. Part I 


Aeticle 2. 

That in the event (whicli God forbid) of any of our subjects or depend- 
ants committing an act of aggression at sea upon the lives or property of those 
of any of the parties to this agreement^ we will immediately punish the 
assailants and proceed to afford full redress upon the same being bronght to 
our notice. 

Article 3. 

That in the event of an act of aggression being committed at sea by 
any of those who are subscribers with us to this engagement upon any of 
oiH’ subjects or dependants^ we will not proceed immediately to retaliate^ but 
will inform the British Resident or the Commodore at Bassidore, who will 
forthwith take the necessary steps for obtaining reparation for the injury 
inflicted^ provided that its occurrence can be satisfactorily proved. 

We further agree that the maintenance of the peace now concluded 
amongst us shall be watched over by the British Government^ who will take 
steps to ensure at all times the due observance of the above Articles^ and God 


Abdoolla bin RasheDj 

C/iief of TJmmool Kemeyu, 
Hamed bin Rashed^ 

Ch ief of JEjman, 
Saeed bin Butye^ 

Chief of Belay. 

Saeed bin Tahnoon, 

Chief of the Beniyas. 
Sultan bin Suggar^ 

Chief of the Joasmees. 

Approved by the Governor General in Council on mb August 1853. 


01 tnis IS the best witness and guarantee. 


L. S. 


(Sd.) 


L. S. 


No. XXVII. 

AnnmoNAL AETicuEsforthe peotectioii of the Telegraph line and spatious, agi-eed to 
our Torsols ‘ S wkeSi'fhe 



Part I Tur. Arabia & Per. G-nlf-Per. Gulf-M. Tri&es^l^o. XXVIII. 69 


Eritisli GoTernment^ in tbe further interests of commerce and of the general 
peace, are preparing telegraphic lines and stations at various points in or near 
the Persian Gulf, we do hereby engage for ourselves, our heirs and successors, 
to respect and abstain from all and every interference with the said telegraphic 
operations that may be carried on by the said British Government in or near 
our territory. 

And ill the event (which God forbid) of any of our subjects or depend- 
ents committing an act of aggression or trespass on tbe said telegraphic lines 
and stations or other telegraphic material, we will immediately punish the 
offender and proceed to afford full redress upon the same being brought to our 
notice. 

The telegraphic line being intended for the common good, our subjects 
and dependents shall be permitted to send messages by the Telegraph at such 
rates of payment as may be paid by British subjects. 


No. XXYIIT. 

Ageeesient of the Aboo Dhebbee Chief engaging not to commit any breach of the 

Maritime Peace. 

I, Zayid bin Khalifeh, do hereby, in the presence of Colonel Pelly, 
Eesident, Persian Gulf, bind myseM and agree to the conditions stated 
below : — 

— That hereafter I should not commit any disturbances whatsoever 
in breach of the peace at sea, but if any happen on my part, I should suffer 
the consequence. 

2?id . — That I should pay to the Resident the sum of twenty-five thousand 
dollars by instalments specified below : — 

9.000 Dollars to be paid at once in cash on this the 28th Jemadi-ool-awul 1285 

16th September 1868. 

8.000 Dollars to he paid in the month of Mohurrum 1285, and 

8,000 ditto ditto ditto Eujub 1286. 

3;y^. — T hat I should not prevent tbe people who have been removed from 
Guttar to return to their homes if they should so wush. 

4:tA. — That I should make over to Abdoor Rahman, British Agent, the 
Machowa (boat) given me by Ali bin Khalifeh on her return from Busreh. 

JFritien on the Jemacli-ool'-atcul 1285 = 16M Sejdember 1868, 
Signed and sealed by 

(Sd.) Zayid bin Khalifeh. 


Agreed to in our presence by Zayid bin Khalifeh, Chief of Aboo Dhabbee 
on the^lfith September 1868. 

(Sd.) Lewis Pelly, Lient-CoL, 

H, JB. M/s Foltl. JBesdt,, Persian Gulf. 
(Sd.) R. A Bbown, Capt^ 

Comdg. E. Ship “ VigilantP 



70 


Tur. Arabia & Per. Gulf— Per. Gulf— Jf. Tribes— "No, XXX. Part I 


No. XXIX. 

Agseemekt of the Chief of El-kute ( GtiUtir ) engaging not to commit any beeach of the 

Maeitime Peace. 

I, Mahomed bin Sanee^ of Guttur, do hereby solemnly bind myself, in 
the presence of the Lord, to cany into effect the undermentioned terms 
ao’reed upon between me and Lieutenant-Colonel Pelly, Her Britannic Ma- 
jesty's Political Resident, Persian Gulf : — 

I promise to return to Dawka and reside peaceably in that port. 

— I promise that on no pretence whatsoever will I at any time put 
to sea with hostile intention, and, in the event of disputes or misimclcrstaud- 
ing arising, will invariably refer to the Resident. 

— I promise on no account to aid Mahomed bin Khalifch, or in any 
way connect myself with him. 

4 ^/^, — If Mahomed bin Khalifeh fall into my hands, I promise to hand 
him over to the Resident. 

Mil . — I promise to maintain towards Shaikh Ali bin Khalifeh, Chief of 
Bahrein, all the relations which heretofore subsisted between me and the 
Shaikh of Bahrein, and in the event of a difference of opinion arising as to 
any question, whether money payment or other matter, the same is to be 
referred to the Resident, -Mr 

Dated on the Uth of Jemadi-ool-awtcl 12S5, corresponding loilh the 12//^ of 
Sejotemher 1868. 


Sealed in our presence by Mahomed bin Sanee, of Guttur, on this the 
12th day of September 1868. 

(Sd.) Lewis Pelly, LieuL-Col., 

II. JB. Mf s PoUl. liesdt'.y Persian Gni/\ 

(Sd.) R. A. Bhown, Ca])L, 

Comdg. II. Mis Skip VlgllantP 


No. XXX. 

Teansxated pitepoet of a letter from Salim bin Sultan, Chiep of Sitargaf, to IIrr 
Britannic Majesty’s Acting Political Resident in the Persian Gule, dated 25th 
Zilhuj 1289=26 Pehruary 1873. 

I was very happy to receive your letter of 15th Jemadi-ul-Sani with two 
copies of treaties entered into by my father, Sultan bin Suggar. 

I beg to inform you that as regards fresh importations of male and female 
slaves, I have prohibited all my subjects and the vessels in my territories from 
trading in slaves. 



Part I Turkish. Arabia & Per, Gulf-Per. Gulf-Jf. TriJbes-lS[o, XXXI. 71 


All slaves tliat came into my territories^ I seize according to tlie terms of 
tlie treaty^ and make over to the Government Agent. 

The Government Agent bas, no doubt, informed yon that I seized the 
slaves that were brought to my territories in a British vessel, and made them 
over to the Agent. 

Yon may rest assured that I shall carry into effect whatever the Govern- 
ment may desire, and am always happy to receive your commands. 


No. XXXI. 

Teanslated puepoet of a letter from Sheikh Zayed bin Khaleefa, Chief of Aboo 
Dhebbee, to Acting Besidekt, Peesian Gulf, dated 5th Mohurmm 1290=5th 
March 1873. 

Be it known to you that I received a letter from Colonel Pelly, Resident 
in the Persian Gulf, in regard to the treaty about importation of slaves. 

This treaty exists intact, and I am always careful to see that it is not 
infringed. 



PART II 


TREATIES AND ENGAGEMENTS 


EELATTlsG TO 


ARABIA. 


• MUSCAT. 

¥rom Original Papers in the Foreign Office and Selections from the Records 
of the Bombay Government^ No. XXL of neio Series. 

Towards tlie end of tbe seventeenth century^ the Muscat Arabs 
having" driven the Persians from Oman,, established their ascendancy in the 
Persian Gulf, and gained a footing in Zanzibar and several other parts on the 
African coast. Tbe Persians regained their supremacy for a short time in the 
reign of Nadir Shah, but during the weakness and distractions in Persia which 
followed Nadir Shah^s death, Ahmed bin Saeed, the Arab Governor of Sohar, 
a town on the Batinah coast about 100 miles north-west of Muscat, drove 
the Persians out of Muscat and contemptuously rejected the claims of the 
Shah to tribute. He was elected Imam. He was succeeded in the govern- 
ment of Muscat by his second son, Syud Sultan, who usurped the 
rights of his elder brother Syud Saeed. It was in 1798, during the rule 
of this Chief, that the first Treaty (No. XXXII.) with Muscat was nego- 
tiated by Mehdi Ali Khan, the Company's Agent at Bushire, with a view 
to exclude from Muscat all prejudicial influence of the French with whom 
Syud Sultan was brought in contact through his trade with the Mauritius. 
When Sir John Malcolm visited Muscat on his first mission to Persia, he 
formed another Engagement (No. XXXIII.) with Syud Sultan, stipulating for 
the strict observance of the previous Treaty and for the residence of an 
English gentleman in an official capacity at Muscat. 

Syud Sultan bin Ahmed was killed on 14th November 1803 in battle with 
his enemies, the Uttoobees and El Joasim. The rights of his two young sons 
were disputed by their uncle, Syud Kais of Sohar, who aimed at usurping the 
government of Muscat. To oppose their nucleus pretensions the two youths 
put themselves in the hands of their cousin, Syud Badr bin Hilal, who called 
in the Wahabees, and with their help defeated Syud Kais and recovered 
Bunder Abbas and Hormuz, which had been seized by the Sheikh of Kishm 

10 


VII 



74 


Arabia — ^Muscat. 


Part II 


The weakness resulting from this disputed succession gave the Wahahees a 
footing in Muscat^ which they have never wholly lost. In 1800 they made 
their first appearance in Oman. They reduced all the sea-coast of the Pei'sian 
Gulf from Basrah to Debay^ released the Chiefs of Zaheera and Sohar from 
allegiance to Muscat, and forced Syud Sultan to beg for a three years^ truce, 
which they broke soon after. They would probably have conquered all Oman 
if they had not heen stopped by the assassination of their Chief. (See p. 36). 

Syud Saeed, the second son of Syud Sultan, succeeded Badr bin Hilal 
in 1807. This Chief, to whom the religious title of Imam was not conceded 
by the Arabs, ruled for fifty years, during which time he cultivated a 
close intercourse with the British Government. In 1808, smarting under 
the insults of the Wahabees, whose agents were forcibly converting his 
subjects in his very capital, he roused the Arab tribes in Oman to a 
combination against them. If Muscat had fallen under the Wahabees, 
Syud Saeed would have been drawn into the general system of piracy 
which the Wahahees encouraged, and would have heen converted from 
a friend into a dangerous enemy. The British Government, therefore, resolved 
to support him. An armament was accordingly sent towards the close of 
1809, which destroyed the piratical boats at Ras-ool-Kheimah, Lingah, and 
Luft, and bombarded and took Shiiias. No arrangements, however, were 
made permanently to secure the advantage then obtained. Piracy was 
soon renewed, and another expedition had to be sent against the pirates in 
1819, in which also Syud Saeed co-operated. With these exceptions, till the 
year 1822, when a Treaty (No. XXXIV.) was concluded for the suppression of 
slavery, there is nothing requiring special notice in the intercourse between 
the British Government and Syud Saeed, who was chiefly occupied in wars 
with his rivals, the El J oasim, and in fruitless attempts to possess himself of 
the island of Bahrein. 

The Treaty of 1822 aimed at the supj^ression of the foreign slave-trade 
with Christian nations only, and not of the trade with Mahomedan countries 
and within the Muscat dominions, except in cases of kidnapping ; and the per- 
mission given under the Treaty to British cruisers to seize slave ships east 
of the line defined in the Treaty, applied to His Majesty^s ships only, and not 
to vessels of the Indian Navy* In 1839, however, a Treaty of commerce 
(No. XXXV.) was concluded with Syud Saeed by Her Majesty^s plenipo- 
tentiary at Muscat, by the fifteenth Article of which he confirmed the Treaty 
of 1822 for the suppression of slave-trade with Christian countries, and con- 



Part II 


Arabia— Muscat. 


75 


ceded power o£ search and seizure to vessels of the East India Company; and 
on 17th December of the same year he agreed with the Resident in the Per- 
sian Gulf to add three additional Articles (Xo. XXXVI.) to the Treaty of 1S22, 
authorizing the right of search and extending the boundary laid down in the 
Treaty of 1822 from Din head to Passein, the eastern boundaiy of the Muscat 
possessions on the Mekran coasts so as to iiieliide the coasts of Kattiawarj 
Kutch_, Kurrachee^, and upwards of four degrees westward in the limits within 
which his subjects were forbidden to engage in the slave-trade. In the Fourth 
Article of the Arabic version of the Treaty of 1S22 no mention was made of the 
obligation of the ruler of Muscat or his authorities to assist in the apprehension 
of British subjects engaged in the slave-trade^ although this obligation was dis- 
tinctly speeihed in the English version. He was therefore urged to have the 
omission rectified ]}y an addition to the Arabic text. He was, however, averse 
from any alteration being made in the Treaty ; but in a separate letter, dated 
ISth August 1845, he hound himself, his heirs, and authorities to afford assist- 
ance, when required hy persons authorized to demand it, in the apprehension 
of British subjects engaged in slave-trade. 

In 1845 S 3 ’ud Saeed entered into aTreatj'’^ (Xo. XXXVII.) prohibiting, 
from 1st January 1847, the export of slaves from his African dominions and their 
importation from any part of Africa into his dominions in Asia, and agreeing 
to use his influence with the Chiefs of Arabia, the Red Sea, and the Persian 
Gulf to put a stop to the slave-trade. The Treaty, however, did not proliibit 
the transport of slaves from one port in his African possessions to another. 
In consenting to this Treaty he requested that three additional Articlesf 
might he added, prohibiting the search of his vessels in the limits wdthin 

* An Act of Parliament, 11 and 12 Vic., Cap. CXXVIII., was passed to give elfect to this 
Treaty. See Appendix Xo. T. 

t Additioxai Aeticles to the AgtEEEWExt concluded on tlie 2nd October lS4o, corresponding to 

the 29tli Itamzan 1261 Hegira, according to the wish of His Higiixess the Imam of Muscat. 

Aeticle 1. 

That no vessels belonging to His Higliness S.yud Saeed bin Sultan, the Imam of Muscat, or 
belonging to bis subjects, be searched by English men>o£-war between the boundary of Luinao 
to the north and Kilwa to the south mentioned in the Treaty concluded on the 2iid Oetober 
1845, corresponding with the 29th Ramzan 1261. 

Aeticle 2. 

It may perhaps be reported to them (the British Govornnient) tliat an individual has stolen 
slaves from the territories of Syud Saeed, the Sultan of Muscat, wliieh are in Africa ; unless this 
be proved. His Highness Syud Saeed, the Sultau of Muscat, shall not be called to account for it. 

Aeticle 3. 

It is hnown that the vessel belonging to His Highness the Sultan of Muscat and thoso 
belonging to his subjects coming from the Arabian and Red Seas do not bring slaves from tbr-se 
parts to the territories of the Sultan of Muscat which are in Africa : accordingly English man- 
of-war shall not search nor trouble them. 



76 


Arabia— Muscat. 


Part II 


wliicli the transport of slaves was allowed under the Treaty^ and of bis vessels 
coming from the Arabian and Red Seas to Africa, and stipulating that, 
if slaves were stolen from the Zanzibar territories, be should not be held 
responsible. These Articles appear never to have been formally agreed to ; 
but Syud Saeed was informed^ in the name of Her Majesty "'s Government, that 
British ships of war would search only such vessels under the Muscat flag 
as might reasonably be suspected of being engaged in slave-trade; that, 
therefore, the description of vessels mentioned in the Articles would not be 
searched unless there should be good ground for suspecting them to be so 
engaged ; but, at all events, that, if they should be searched and found not to 
be so engaged, that fact would be ascertained in a very short space of time, 
and they would not be prevented for more than a quarter or half an hour 
from continuing their voyage. 

In consequence of some discussion regarding the right of Syud Saeed to 
duty on goods transhipped in his ports, he issued Rules (No. XXXVIII.) in 1846 
for the levy of full duty of 5 per cent, on goods transhipped, but exempting 
from duty ships putting into his harbours from stress of weather and all stores 
of the British Government landed at his ports. 

In 1854 Syeed Saeed ceded (No. XXXIX.) to the British Crown the Kooria 
Mooria islands on the south coast of Arabia. The islands are valuable only 
for the guano deposits which are found on them. In 1874 a piratical outrage 
w^as committed by the El J aaferah section of the Beni Boo Ali tribe on two 
trading vessels at Hellaneea in these islands, for which they were fined 600 
dollars, and a promise of future good behaviour was exacted from them. 

During the later years of his rule the affairs of Syud Saeed in his 
Asiatic dominions fell into much confusion, owing, in a considerable deg'ree, to 
his prolonged residence at Zanzibar, w’^hich, in 1840, he made the p)ermanent 
seat of his government, and the incapacity of the Agents whom he left at 
Muscat, and latterly of his son, Syud Thoweynee. On more than one occasion 
his power was saved only bj^ the intervention of the British Government. His 
contests wdth the Wahabees in 183^ and again in 1845 and 185^ have already 
been mentioned (See p. 37). In 1833 Syud Saeed concluded a Treaty with 
the United States of America,"^ and in 1844 with France.f 

Syud Saeed died in 1856. In 1844 he had intimated his desire to 
appoint his sons Syud Khalid and Syud Thoweynee as his successors in his 
^ See Appendix ISTo. IX. 


t See Appendix No. X. 



Part II 


Ar abia—Muscat , 


77 


African and Asiatic dominions respectively^ and had appointed them his 
depnties. Syud Thoweynee accordingly succeeded to the government of 
Muscat on his father’s death. In virtue of his succession to the ehiefship of 
Oman, he claimed also feudal supremacy over Zanzibar (See p. 193), and 
prepared to establish his claim by force of arms. The dispute was submitted to 
the arbitration of Lord Canning, who decided (No. XL.) that Zanzibar should 
be independent of Muscat, but should pay an annual subsidy of 40,000 crowns. 

In 186^ an Engagement (No. XLI.) was concluded between Great 
Britain and Prance by which both powers engaged reciprocally to respect the 
independence of the rulers of Muscat and Zanzibar. 

In 1864 Syud Thoweynee agreed (No. XLII.) to the construction of one 
or more lines of telegraph through the territory of Muscat and in 1865 a 
Convention (No. XLIII.) was made with him for the extension of the electric 
telegraph through his dominions in Arabia and Mekran. 

In Pebruary 1866 Syud Thoweynee was assassinated at Sohar, where he 
had gone to organize an expedition against the Wahabees. Grave suspicions 
of having been concerned in this crime attached to his son and successor 
Syud Salim, and so much alarm was created at Muscat that trade was paralyzed 
and the town was deserted by British subjects residing there. Envoys were 
shortly afterwards sent by Syud Salim to Bombay, but they were informed that 
while the British Government had no wish to interfere in the domestic affairs 
of Oman, it was compelled, under the circumstances of the case, to suspend 
friendly relations with the ruler of Muscat; at the same time the Treaty 
obligations of the British Government with the State of Muscat, which had 
for their special object the protection of British subjects residing in Muscat 
territory, were in no way abrogated, and their fulfilment would be required 
from every ruler of Muscat, 

Subsequently, however, as the people of Muscat had apparently accepted 
Syud Salim as their legitimate chief, it was intimated to the merchants 
trading with Muscat that they might resume commercial dealings with that 
port, a Native Agent was appointed to Muscat, and finally, in September 
1866, Syud Salim was recognized by the British Government as ruler of 
Muscat. The appointment of a British officer as Political Agent was revived 
in the following year. 



78 


Arabia— Muscat. 


Part II 


In the meantime Syud Toorkee^ brother of tbe late Syud Thoweynee^, ttIio 
had been residing at Busliire on an allowance granted to him by tbe British 
Government pending a settlement of Muscat affairs, made an unsuccessful 
attack on Muscat. Bor this breach of the maritime peace his allowance was 
stopped, and he was subsequently warned that similar proceedings, which he 
was believed to be meditating in concert with the Sheikh of Debay, would 
expose him and his adherents to be treated as enemies of the British 
Government. 

In June 1SG7 Syud Toorkee attacked Sohar by land, hut was driven off 
with loss; subsequently however he captured Muttrah, the principal fort com- 
manding the pass leading to Muscat, and, as Syud Salim was unable to expel 
him, an arrangement was effected through the mediation of the British 
Resident by which Syud Toorkee was to receive a monthly allowance of 600 
dollars from the Sultan on the condition that he should reside in India. 

Syud Salimas rule however was not destined to last long. In addition 
to the suspicion of parricide, from which he could never entirely free himself, 
bis preference for the Ghafiree tribe, who professed Wababee tenets, excited 
the discontent of their rivals, the Hinawees, by whom tbe ruling family of 
Muscat bad been principally supported. Early in 1868 an expedition was 
undertaken by Syud Salim against bis uncle, the Ciiief of Mesnaah, with 
whom he had a trifling dispute regarding money. Although a reconciliation 
was effected before hostilities actually commenced, Syud Salimas conduct on 
this occasion alienated many whose support would have been valuable, while 
his resources were materially diminished by the expenses of the expedition. 

Mhen therefore Azan bin Kais, Chief of Rostak (See p, 85) and 
brother-in-law of Syud Salim, rose in rebellion the latter had neither friends 
nor money with which to resist him. In October 1868 Azan ‘bin Kais 
obtained possession of tbe town of Muscat, and, on tbe flight of Syud Salim, 
whom the British Government declined to assist by force of arms, was pro- 
claimed chief. For some time Syud Salim endeavoured to rally his friends 
on the Arab coast and contemplated an attack by sea on the Oman ports; 
he was warned however against any act which might tend to a breach of 
the maritime peace, and Government resolved to prohibit, by force of arms 
if necessary, all naval operations by any party at jMuscat or elsewhere. The 
hope which Syud Salim entertained of assistance from the Wahahees was 



Part II 


Arabia— Muscat. 


79 


frustrated* by the assassination at Shargab of Siddejn-ee^ Governor of the 
Wahabee outpost of Bereymee;, and by his own exertions he could excite no 
enthusiasm for his cause among the Chiefs of the Arab coast. 

During the rule of Azan bin Kais the chief power was wielded by Saeed 
bin IChulfan A1 Khulelee^ the head of the priestly faction among the Hinawees ; 
his cruelties and exactions and the severity with which he enforced compliance 
with the precepts of the Koran rendered Azan bin Kais^s rule unpo|)ular at 
Muscat; though his authority was successfully asserted over the refractoiy tribes 
in the interior. Early in 1869 the Wahabee Ameer^ Abdoollab bin Peysul, made 
a demand for tribute on Azan bin Kais. To this no attention was paid, and 
on the invitation of the Naeem tribe of Bedouins, who had suffered from 
the oppression of Siddeyree, Azan bin Kais attacked Bereymee in June 1869 
and captured it. Preparations for its recapture were at once set on foot 
by the Wahabee Chief, in whose possession it had been for many years pre- - 
viously, and in the first mouths of 1870 he was reported to be advancing on 
Bereymee with a considerable force. Difficulties connected with the want of 
w'-ater en o'onte, the anticipated hostility of the Aboo-Dhebbee Chief, who 
was known to be in alliance with Azan bin Kais, and the intrigues of his 
brother Saood bin Feysul combined to deter the Wahabee Chief from carrying 
his intentions into effect, and before the close of the year he was a fugitive 
pursued by his successful brother Saood, 

In the meantime the events which had taken place in Oman induced 
Government to withdraw its prohibition against Syud Toorkee's inter- 
ference in the affairs of Oman, and in March 1869 he was informed 
that he might, if he should so wish, proceed to Muscat, but that no help or 
protection could be afforded bim by the British Government in any attempts 
he might make to establish his power in Oman, and that no operations by sea 
would be permitted. Syud Toorkee remained at Bombay till Mareh 1870, 
when he proceeded to Bunder Abbas and thence to the Arab coast. He was at 
first unsuccessful and was obliged to return to Bander Abbas. In the following 
September assisted with funds from Zanzibar he againlandecl on the Arab coast 
with a few followers and soon collected a considerable force, a portion of 
which he placed under the command of Seif bin Suliman. In January 1871 
Self biu Suliman attacked Azan bin Kais at Muttrab ; both the leaders fell 
in the engagement, hut an armistice was agreed upon through the interven- 
tion of the British Resident, and eventually negotiations between Syud 



80 


Arabia—Muscat. 


Part II 


Toorkee and Saeed bin Kliulfan ended in a declaration o£ peace between the 
contending parties. Saeed bin Khulfan died a few days afterwards. Sy ud Toor- 
kee^s principal opponent was now Ibrahim bin Kais^ brother of Azan bin Kais^ 
who held the fort of Sohar. In July 1S71 Syud Toorkee laid siege to Sohar and 
had effected a practicable breach when an arrangement was conchulcd by whidi 
Ibrahim bin Kais retained possession of Sohar and the portion of coast from 
Snllan to Khabooreh^ a tract of some 30 miles in extent^ and all other parts 
of the coastj including Sowe 3 rk and Mesnaah, were made over to Syud Toorkee. 
Soon afterwards Ibrahim bin Kais .plundered a native craft l)elonging to 
British traders and imprisoned three of the owners. As Syud. Toorkee was 
unable to procure redress the Eesident in the Persian Gulf was directed to 
demand restitution of the plundered property and compensation for the 
imprisonment of British subjects and in case of refusal to bombard Sohar. 
These claims^ amounting to 2^255 dollars^ were accordingly paid by Ibrahim 
bin Kais. 

Syud Toorkee had been recognized by the Britisli Government as ruler 
of Muscat in June 1871, but during that and the succeeding j^car his power 
was endangered by the intrigues of bis brother, Syud Abd-oobAzeez, ami 
nephew, Syud Salim, in addition to the persistent hostility of Ibrahim bin 
Kais. A coalition was attempted in April 1872 between Ibrabitn bin Kais 
and Syud Salim, but failed owing to the defeat of the former near Lawa 
and the desertion of the latter by his followers. Finding themselves unable 
to subvert Syud Toorkee's authority, his brother and nephew quitted 
Muscat territory towards the close of 1872 and proceeded to Bombay. 
In the spring of 1873 they left Bombay and commenced intriguing agaiiist 
Syud Toorkee^s authority in Mekran. Offers had been made to them by 
Syud Tooikee of an allowance of 300 dollars per mensem on condition of 
their residing in India and abstaining from interference in Muscat affairs. 
These offers they declined, and in July of that year Syud Abd-oobAzeez moved 
on Gwadur. The attack failed owing to the fidelity of Syud Toorkee^s Gover- 
nor, hut a considerable amount of property belonging to British Bulijeets 
was plundered. Syud Abd-oobAzeez was afterwards^ captured in an attempt to 
cross over to Oman and detained in surveillance at Kurraebee. On his 
imdeidaking not to interfere in Muscat affairs or leave Kurraclme without 
permission he was set at liberty and the allowance of 300 dollars per mensimi 
was paid to him through the British Government. Gwadur was again attacked 
in December 1873, on this occasion by Syud Salim; the attempt however 



Part II 


Arabia— Muscat. 


81 


failedj and Syud Salim escaped into Persian territory. He was tlien informed 
that if he surrendered unconditionally^ he would be granted the same allow- 
ances as Syud Abd-ool-Azeez^ otherwise the offer would not be renewed and 
he would be arrested wherever he might be found. He subsequently made 
another attempt on Oman ; was arrested by H. M. S. Daphne and is now 
confined as a State prisoner in the fort of Hyderabad in Sind. 

In June 1873 Syud Toorkee undertook active operations against Ibrahim 
bin Kais and invested Sohar. Negotiations were entered into which resulted 
in the surrender of Sohar and other places on the coast to Syud Toorkee^ 
Ibrahim bin Kais receiving a sum of 5^000 dollars and a monthly allowance 
of 100 dollars on condition of not moving eastward of the fort of Heebee. 
In spite of this reverse Ibrahim bin Kais continued to intrigue against 
Syud Toorkee, and in March 1874} collected a force composed principally 
of the Yal Saad section of the Hinawees with which he attacked Mesnaah 
and took possession of the fort after having plundered a considerable amount 
of property belonging to British subjects. As Ibrahim bin Kais refused 
to evacuate the fort at the demand of the Political Agentj it was bombarded, 
and an indemnity of 10,000 dollars as compensation to British subjects 
was exacted from the Yal Saad. In the meantime Syud Toorkee had hardly 
returned from his successful expedition against Sohar when he was 
compelled to make terms with Salih bin Ali El-Harithee, Azan bin Kais^'s 
former minister, who made a successful attack on Muttrah, and was only 
induced to withdraw by the payment of a large sum of money. 

The annual subsidy which under the terms of Lord Canning^s arbitration 
the ruler of Zanzibar was bound to pay to the ruler of Muscat was duly paid 
up to the date of Syud Thoweynee'’s death in 1866, but Syud Majid, the 
Sultan of Zanzibar, objected to continue the subsidy to Syud Thoweynee^'s 
successor, Syud Salim, partly on the ground that the engagement was personal 
to Syud Thoweynee, and partly on the ground of Syud Salimas alleged 
parricide. These arguments were not admitted by the British Government 
which had recognized Syud Salim as ruler of Muscat, but an arrangement 
was effected by which the subsidy was to be paid through the medium of the 
Political Agent at Muscat. 

On the expulsion of Syud Salim by Azan bin Kais Syud Majid again 
declined to pay the subsidy, on the ground that a member of another 

11 


VII 



82 


Arabia— Jilusc at. 


Part II 


brancli of tlie family had succeeded to power. This plea ceased to have 
force when Syud Toorhee had succeeded in establishing his authority, and 
he appealed to the British Government to procure the due observance of 
the terms of the arbitration. As the great obstacle to the consolidation of 
Syud Toorkee^s power and the establishment of a peaceful administration 
in Oman was his want of funds, it was determined to guarantee to him the 
payment of the subsidy, with arrears from the date of his accession to power, 
and an assurance was conveyed to him that so long as he continued faithfully 
to observe his Treaty engagements and manifest his friendship towards the 
British Government the subsidy of 40,000 crowns would be paid to him 
annually during his rule. 

The greater portion of the money thus received by Syud Toorkec was 
spent in subsidizing the various tribes in the interior, but the successful raid 
of Salih bin Ali showed how little reliance could be placed on their allegiance 
and the real weakness of Syud Toorkee^s authority in Oman. As a means of 
maintaining his position Syud Toorkee sougkt a reconciliation with his 
brother, Syud Abd-ool-Azeez. Finally terms were arranged between the 
brothers, Syud Abd-ool-Azeez was permitted to proceed to Muscat and was 
associated with Syud Toorkee in the government of the country. The diffi- 
culties however with which Syud Toorkee had to contend did not disappear 
with the arrival of his brother : dissensions were rife between the Ghafirees and 
the Hinawees; the Metowwah or fanatical party in the south-east of Oman 
was hostile to him, and finally quarrels took place between the brothers of 
which advantage was taken by the Bedouins who garrisoned Muscat to 
impose terms upon Syud Toorkee with which he was forced to comply. 
Finding himself thus powerless to control events Syud Toorkee, after an 
ineffectual attempt to conduct affairs unaided, entrusted the government to 
Syud Abd-ool-Azeez and retired temporarily to Gwadur. Signs of opposition 
to the administration of Syud Abd-ool-Azeez soon became apparent; he failed 
to conciliate the Bedouins and his difficulties were increased by want of funds. 
Within a few months of his retirement Syud Toorkee found himself in a 
position to return to Muscat ; accordingly in December 1875, in the absence 
of Syud Abd-ool-Azeez, he took possession of. the town and forts and con- 
tinues to hold them. Negotiations have been opened with the view of indiic- 
ing Syud Abd-ool-Azeez to quit Oman and reside in India, but he has not as 
yet accepted the terms offered by his brother. 


Part II 


Arabia— Muscat. 


83 


Bunder Abbas was formerly held by the rulers of Muscat on lease”^ from 
Persia^ but the lease * was resumed in 1868 and has not since been renewed, 
(See Persian Gulf p. 33). 

Besides their possessions on the Arabian coast the rulers of Muscat 
have held uninterrupted possession of the port of Gwadur since the close of 
the last century when, according to native tradition, it was conferred by Nasir 
Khan, Khan of Khelat, on Syud Sultan who had Bed from Muscat after an 
unsuccessful attempt to subvert the authority of his brother Syud Saeecl. When 
Azan bin Kais succeeded to power in Muscat in 1868 he sent Syud Seif as his 
Governor to Gwadur but the fanatical opinions of Syud Seif disgusted the in- 
habitants and he had to give way to Nasir bin Thoweynee who had appeared off 
Gwadur. After Syud Toorkee^'s success at Muscat in 1871, his brother Syud 
Abd-ool-Azeez established himself at Gwadur and subsequently seized the port of 
Charbar which had also been for many years in the possession of the rulers 
of Muscat but had recently been occupied by Deeii Mahomed, Chief of 
Dustyaree. The Persians however, who had long asserted a claim of sove- 
reignty over Charbar, attacked and took it in February 1872 and expelled 
Abd-ool-Azeez, while Syud Toorkee availed himseH of this opportunity to 
make himself master of Gwadur, and has ever since retained possession of it. 
No interference was exercised by the British Government in the proceed- 
ings of the Persian authorities, but in the attack on Charbar property belong- 
ing to British subjects was plundered for which compensation was afterwards 
paid by Persia. 

In 4th November 1867 an Order in Councilf was issued making provision 
for the exercise of Consular jurisdiction in Muscat. 

In May 1871 Syud Toorkee issued a jDroclamation prohibiting the import 
of slaves to Muscat by sea, and in April 1873 Sir Bartle Frere, who had 
been deputed as Her Majesty^'s special envoy to effect arrangements for 
the more effectual suppression of the slave-trade, concluded a formal Treaty 
(No. XLIV.) with him, by which he engaged for himself, his heirs and 
successors, to prohibit absolutely the import or export of slaves within his 
territories, to abolish all public slave markets, and to confer freedom on all 
slaves entering his territories. With the same object it was considered desir- 
able that subjects of Native States in India residing in Muscat should, like 
British subjects under tbe Treaty of 1839 and Order in Council of 1867, 


* See Appendix No. III. 


t Sec Appendix No. VI. 



84 : 


Arabia— Muscat— 


Part II 


be amenable to the jurisdiction of the Political Agent and Consul, An 
Agreement (No. XLV.) to this effect was accordingly signed by Syud Toorkee. 

In 1874 Syud Toorkee consented (No. XLVI.) to observe the rules 
issued by Sultan Saeed in 1846 (See p. 76)^ and to forego the duty in cases 
where the cargo might be transhipped to another vessel. 

Bohm \ — ^The present ruling family of Muscat are^ as has been already 
noted^ descended from Ahmed bin Saeed_, the Governor of Sohar_, who^ in 
1730, expelled the Persians and became the first ruler of Muscat. Syud 
Kais of Sohar, a town on the Batinah coast about 100 miles north-west of 
Muscat, who had attempted to supplant his nephew Syud Saeed in the govern- 
ment of Muscat, was killed in 1808, and his family were deprived of their 
patrimony. In 1830, however, his grandson Syud Hamood bin Azan, the 
cousin of Syud Saeed, taking advantage of the absence of the latter at Zanzi- 
bar, regained possession of Sohar and compelled Syud Saeed to restore to him 
also other districts on payment of tribute. His popularity in Oman was 
great, and, but for the intervention of the British Government, he would have 
succeeded in dismembering the Muscat possessions. In 1839 a reconciliation 
was effected between Syud Saeed and Syud Hamood through the mediation 
of the Resident in the Persian Gulf, and an Engagement (No, XL VII.) was 
mediated between them, by which they engaged to abstain from aggressions 
on each other, and to admit free intercourse and trade between their respec- 
tive possessions. Syud Saeed also bound himself to support the Chief of Sohar 
when attacked by his enemies. 

By this agreement the Chief of Sohar became independent. As the 
general engagements for the suppression of the slave-trade in the Persian 
Gulf were concluded while the relations of Sohar to Muscat were still unde- 
fined, a formal agreement had not been concluded with Syud Hamood. But 
in 1848 he was invited to enter into the general arrangements, and accordingly 
a Treaty,"^ (No. XLVIII.) similar to those concluded with the other 
maritime States for the suppression of the slave-trade, was concluded, on 22nd 
May 1849, with his son Syud Seif, who was then in possession of the govern- 
ment. Syud Seif, who had usurped his father^s authority, was soon afterwards 
put to death by him. 


* An Act of Parliament, 16 and 17 Vic., Cap. XVI. was passed to carry tins Treaty into effect. 
See Appendix No. VIX. 



Part II 


Arabia—Musoat— Mar. 


85 


Tlie Treaty concluded in 1839 between Muscat and Sobar contained no 
Article by wbidi the British Government undertook to guarantee its condi- 
tions^ hut the very formal manner in which it was negotiated was considered 
to make it more than usually binding on both parties. Notwithstanding thiS;, 
Syud ThoweyneC; who governed Muscat during his father^s absence at Zanzi- 
bar^ treacherously seized Syud Hamood at a friendly conference and laid siege 
to Sohar by land and sea. Failing in his attempts to take the foi% he return- 
ed to Muscat^ carrying his prisoner with him. Syud Hamood died from the 
rigour of his confinement on 23rd April 1850. Syud Kais^, his brother^, took 
up arms to avenge his deaths and^ with the help of the El Joasim^ took Shinas 
and several other forts. Syud Saeed^ however^, returning from Zanzibar^ 
gained over the El Joasim to his side^ and defeated Syud Kais, from whom 
he took Sohar, leaving to him Rostak and Heebee, and assigning him a 
monthly stipend of 200 crowns. 

On the death of Syud Saeed, his son Syud Toorkee, who had been placed 
in the government of Sohar, made several unsuccessful attempts to make him- 
self independent of his elder brother Syud Thoweynee and to create a rebel- 
lion in Oman. Accordingly in 1862 Syud Thoweynee seized him and placed 
him in confinement. Subsequently he was released at the intervention of the 
British Government and a monthly allowance was made to him by Syud 
Tlioweynee conditionally on his remaining loyal. In 1865, in consequence of 
Syud Thoweynee^s expressed distrust of his brother, he was informed that 
Syud Toorkee would be permitted to reside in India during good behaviour 
on any allowance he might sanction, and that unless Syud Toorkee accepted 
this offer the British Government would not interfere between him and his 
suzerain. 

When in the following year Syud Thoweynee was murdered, Syud 
Toorkee^s life was in danger at Sohar, and he was taken off by the British 
Resident. The subsequent history of Sohar has been given in the narrative 
of Muscat affairs. It is now held by Badr bin Seif on behalf of Syud 
Toorkee, and its revenue, amounting to about 8,000 dollars per annum, is held 
at his disposal for expenses. 



Part II 


Arabia—Museat—Ifo, XXXII. 


87 


No. XXXII. 

Teanslation of the Cowlnamah, or Weitten Ee-oagement from the Imam of Muscat. 


L. S. 


Deed of Ageeemekt from the State of the Omanian Asylum, under the approbation of 
the Imam, the Dieectoe, Syud Sultan, whose grandeur he eternal ! to the High and 
Potent English Company, whose greatness he perpetuated! as comprehended in 
the following Articles : — 


Aeticle 1. 

From the intervention of the Nawab Etmandi Adowla Mirza Mehedy 
Ally Khan Bahadoor Hurhmut Jung never shall there be any deviation from 
this Cowlnamah. 


Aeticle 2. 

From the recital of the said Nawab my heart has become disposed to an 
increase of the friendship with that State^ and from this day forth the friend 
of that Sircar is the friend of this^ and the friend of this Sircar is to be the 
friend of that ; and^ in like manner, the enemy of that Sircar is the enemy of 
this^ and the enemy of this is to be the enemy of that. 

Article 3. 

Whereas frequent applications have been made, and are still mating, by 
the French and Dutch people for a Factory, i.e., to seat themselves in either 
at Muscat or Goombroom, or at the other ports of this Sircar, it is therefore 
written that, whilst warfare shall continue between the English Company and 
them, never shall, from respect to the Company's friendship, be given to them 
throughout all my territories a place to fix or seat themselves in, nor shall 
they get even ground to stand up>on within this State. 

Article 4. 

As there is a person of the French nation, who has been for these several 
years in my service, and who hath now gone in command of one of my vessels 
to the Mauritius, I shall, immediately on his return, dismiss him from my 
service and expel him. 


Article 5. 

In the event, of any French vessel coming to water at Muscat, she shall 
not he allowed to enter the cove into which the Engdish vessels are admitted, 
hut remain without; and incase of hostilities ensuing here between the 
French and English ships, the force of this State by land and by sea, and my 
people, shall take part in hostility with the English, but on the high seas I am 
not to interfere. 




88 


Arabia— Muscat— No. XXXIII. 


Part II 


Article 6. 

On tlie occurrence of any sbipwreck of a vessel or vessels appertaining to 
the English^ there shall certainly be aid and comfort afforded on the part of 
this government^ nor shall the property be seized on. 

Article 7. 

In the port of Ah assy (Goombroon) whenever the English shall be 
disposed to establish a Factory^ I have no objection to their fortifying the 
same and mounting guns thereon^ as many as they list^ and to forty or fifty 
English gentlemen residing there^ with seven or eight hundred English 
Sepoys^ and for the rest^ the rate of duties on goods on buying and selling 
will be on the same footing as at Bussora and Abushehr. 

DatecL 1st of lemmadee-ul-Awul 1213^ Hegira^ or of Ocioler 1798. 


L. s. 


No. XXXIIL 


L. S. 


Agreement entered into by the Imam of the State of Oman with Captain John 
Malcolm Bahaboor, Envoy from the Right Honourable the Governor-General, 
dated the 21st of Shaban 1213 Hegira, or 18th January 1800. 

Article 1. 

The Cowlnamah entered into by the Imam of Oman wdth Mchedy Ally 
Khan Bahadoor remains fixed and in full force. 

Article 2. 

As improper reports of a tendency to interrupt the existing harmony and 
create misunderstanding between the States have gone abroad^ and have been 
communicated to the Right Honourable the Governor-General^ the Earl of 
Morningtonj k.p. ; with a view to prevent such evils in future, we, actuated 
by sentiments of reciprocal friendship, agree that an English gentleman of 
respectability, on the part of the Honourable Company, shall always reside 
at the port of Muscat, and be an Agent through whom all intercourse 
between the States shall be conducted, in order that the actions of each 
government may be fairly and justly stated, and that no opportunity may 
be offered to designing men, who are ever eager to promote dissensions, and 





Part II 


Arabia — Muscat — !N*o. XXXIV. 


89 


that the friendship of the two States may remain nnshook till the end of 
time, and till the sun and moon have finished their revolving career. 

Sealed in my presence. 

li S 

(Sd.) John Malcolm, 

Envoy. 

Approved by the Governor General in Council on 2Gth April 1800. 


No. XXXIV. 

Teanslation. 


In the name of the 3Iosl Jl'iyh God ! 

Particulars of the requisitions which wore 
made by Captain Moresby, Commander of 
the Ship Mcayii, who arrived at the port 
of Muscat on the 9th of the sacred (month 
of) Zilhujjah 1237 (2_7th August 1822) from 
the Island of Mauritius, on the part of the 
Governor Sir Kobert Parquhar Bahadoor. 

AimCLB 1. 

That you (the Imam) instruct a.11 the 
Officers in your dominions to prevent 
the subjects from selling slaves to 
Christians of all nations. 


Article *2. 

That you do issue orders to all your 
Officers, who are on your part through- 
out your dominions, as well in Zanziibar 
as in other places, to the effect that if 
they discover persons on board any 
Arab vessel buying slaves for the pur- 
pose of taking them to Christian coun- 
tries, they (the Officers) should seize 
such vessel with all that she may con- 
tain, and should send to yon the Na- 
khoda (i.e , the Commander) and the 
crew ill order that you may punish 
them. 


In the name of the MohI High God! 

Answers to tlie rerjuisitions which were 
made by Captain Monsshy on the ])a,rt‘. 
of the Governor Sir Uobori Faripilia.r 
Bahadoor, may his glory Ih‘. eternal I 
wliich (reipiisitions) are meutioued on 
tlic back of thi« paper. 


Article 1. 

That we did write last season to 
all our Officers to ])rohi])it the sale 
of slaves to all the Christian nations, 
and we will semi further instruc- 
tions to them on the suliject. 

Aritcle 2. 

That we will send orders to all 
our Officers who arc employtal 
throughout our dominions to the 
effect that if tliey find any Arab 
vessel buying slaves for the pinqiosc 
of taking them to Christian coun- 
tries, they must seize the vessel and 
inflict punishment on persons (‘on- 
nceted with, her, even if they lie 
bound for the Island of Madagascar, 


VTT 


1 




90 


Arabia—Miiseat— ]Sro. XXXIV. 


Part II 


Article 3. 

That it shall be obligatory on tbe 
crew of every vessel that shall clandes- 
tinely convey slaves to Christian conn- 
tries to give^ on their return to an 
Arab port, information to tbe Gov- 
ernor of that port in order that he may 
punish the Commander^ and that if 
they fail to give the information^ all 
shall suffer punishment. 


Article 4. 

That your Highness give us a 
written order on your part to the 
Governor of Zanzibar and your other 
Governors in that quarter to the effect 
that they do allow a person to be 
stationed on our part in any place in 
those countries which we shall see fit, 
and that they do allow us a place for 
psidenee in order that we may obtain 
intelligence of any vessel that may 
convey slaves to Christian countries. 

Article 5. 

That you give us a written permission 
that if we find any vessel laden with 
slaves for sale, carrying them to Chris- 
tian countries, after four months from 
the date of such written permission, we 
may seize her. 

Article 6, 

That you do write to all your Gover- 
nors that on the sailing of every vessel 
they shall write out a pass for her, 
stating clearly what port she is leaving 
and what she is bound to, in order that 
if our ships should meet a vessel having 
no pass, but having on board slaves for 
sale and proceeding in the direction of 
the ^ Christian countries, they (the 
Hritish^ ships) may seize her ; such a 
vessel, if found within the line of the 
Island of Madagascar and the neio-h- 


Article 3. 

That we will instruct our Officers 
and notify throughout our domi- 
nions that the crew of a vessel con- 
veying slaves for sale to Christian 
countries are required, on their 
return to an Arab port, to give 
information to the Governor of the 
port in order that he may pnnisli 
the Commander, but that if they 
conceal (the fact), all shall suffer 
punishment. 

Article 4. 

That a written order which you 
wish to have, permitting the station- 
ing of a person on your part in 
Zanzibar and the neighbouring 
parts for the purpose of obtaining 
intelligence of the sale of slaves 
to Christian nations, has been grant- 
ed, and will reach through the hands 
of the respected Captain Moresby. 
May his dignity endure for ever ! 

Article 5. 

That a written permission which 
you wish to have, permitting you, 
after four months, to seize vessels 
conveying slaves for sale to Christian 
countries, will reach through the 
hands of the said Captain. 

Article 6. 

That we will write to our Gover- 
nors regarding the granting of a 
pass to every vessel proceeding on a 
voyage, specifying therein the port 
she sails from arid the port she is 
bound to, and you may seize every 
vessel you may fall in with beyond 
tbe Island of Madagascar and in the 
sea of Mauritius after four months 
from^ the date of the written pei'- 
rnission alluded to in the fifth requi- 
sition j and if any vessel be found 



Part II 


Arabia — Muscat — Wo. XXXIV . 


01 


bourhood o£ Zanzibar and Lamoo, to be 
carried into Muscat for punisliment by 
you; but if found sailing beyond tlie 
Island of Madagascar and in the sea of 
Mauritius, to be seized by themselves 
(British vessels), and this (to take place) 
after four months from the date of the 
written permission. 


on this side, the matter should come 
to us, provided she do not possess a 
pass from the Governor of the port 
of departure. 


Here end the answers to the six 
recpiisitions, and they have 1)C(m 
written by the most humble Alxhil 
Kahir bin Syud Mahomed Alt Majid 
by order of his master, who com- 
mands his obedience, Syud Saeed Idu 
Syud Sultan bin Imam Ahmed bin 
Saeed A1 Boo Saeedee. 

Written on the 17th of the sacred 
(month of) Zilhujjah one thou- 
sand two hundred and thirl y-seven 
of the Hegira, (Ith Septeml)er 
1822 ), 

Tins is signed by the humble 
Saeed bin Sultan with his own hand. 


SjhhmI bin 
8ul(un bill 
Abinetl. 


Teakslation. 


In the name of the Most High God ! 

Particulars of an additional requisition made 
by Captain Moresby for the suxpression 
(of tbe sale of) slaves carried on board ves- 
sels to Christian coiintrics. 

It is necessary to define the line be- 
yond which we may seize Arab vessels 
carrying slaves to Christian countries 
after four months from the date of the 
written permission mentioned in the 
fifth recquisition. Let it be understood 


In the name of the Mod Jllgh God 

Answer to the additional requiKjiion madi# 
by Captain Moiuwby fur tbo KvipprcH- 
sioii (of tbo sale of) slaves carried 1<> 
Christian countries. 

I permit the Captains of sliips 
belonging to tlie Jinglish gov(‘rn- 
ment to seize all Arab vessels car- 
rying slaves to Cliristiaii countrie.s 
which may be found l)eyt>nd a 
straight lino drawn from the Cape 



92 


Arabia-Muscat— Ko. XXXIV. Part II 


tliat all vessels on board of wliicli there 
may be slaves for sale^ and which niay 
be found by our ships beyond a straight 
line drawn from the Cape Delkada and 
passing six zains {i. e., sixty miles) 
from Socotra on to Dieu, shall be seized 
by our ships, but that vessels found 
beyond the said line driven by stress 
of weather or by any other unavoid- 
able circumstance shall not be seized. 


Delkada and passing sixty miles from 
Socotra on to Diet# after the date 
of the written permission mentioned 
in the fifth rccpiisition, but not to 
seize vessels found beyond the line 
which may have been driven by 
stress of weather or any other un- 
avoidable circumstance. 


Written by Abdul Kahir bin Syud 
Mahomed bin Syud Majid by order 
of bis master, who commands his 
obedience^ Saeed bin Syud Sultan 
Imam Ahmed bin Saeed A1 Boo 
Saeedee. 

Written on the ^%ntl ZiUmjjah 
1237, Wi September 1822. 


Teaxslatiox of the annexed letter, dated IStli Angiist 1845, from JTis IltanKESS the 
Imam of Muscat to Captain Hameeton, relative to the fourth Article of the Tekaty 
concluded on the 10th September 1822 by Captain Moeesby with IIis Highness the 
Imam of Muscat. 

After compliments. — Your excellent letter has reached, and your fricuid 
understood its contents; you mention that you have received a letter from the 
mighty government, containing orders to you to bring to our notice tluit, in 
the fourth Article of the Treaty we concluded with Captain Moresby in the 
year 1822, it is mentioned in the English version that it is ineumbent on us, 
and onr heirs and Governors, to assist in apprehending English subjects en- 
gaged in the slave trade, but that such is not mentioned in the Arabic version 
of the Treaty, and my friend (you) considering it not necessary to alter the 
Treaty, nevertheless we consider it incumbent on us, our heirs and Governors, 
that we should assist to apprehend English subjects who may be engaged in 
the slave trade. Therefore whoever may be accredited from the government, 
and require assistance from us, shall receive it accordingly. Whatever you 
may require let us know, and peace be on you. * 

Bated UIi Shahan 1241, 18^5/^ Aiogust 1845. 


* Here is omitted four months. 



Part II 


Arabia—Muscat— ISTo. XXXV. 


93 


No. XXXV, 

Teeaty of CoMMEECE between IIee Majesty the Qoeen of tbe IJnitet) Kinodom of Gee at 
Beitain and Ieeland and His Highness Sultan Seid Saeej> imn Sultan, Imah of 
Muscat. 

Preamble. — Her Majesty tbe Queen of the United King^dom of Great 
Britain and Ireland^ and His Highness the Sultan of Muscat and its depen- 
dencies, being desirous to eoniirm and strengthen the good understanding 
which now subsists between them, and to promote by means of ;i eonveniiou 
the commercial intercourse between their respective subjects; ainl His High- 
ness the Sultan of Muscat being, moreover, desirous to r<‘cord in a. more 
formal manner tbe engagements entered into by His Higlmess on the Kith of 
September 182ii, for the perpetual abolition of tlie slave trade between the 
dominions of His Highness and all Christian nations, they have accordingly 
appointed as the Plenipotentiaries, that is to say, Eolicrt Cogan, a 
Captain in the Naval Service of the East India Company, on behalf of Her 
Majesty the Queen of the United Kingdom of Great Britain and Ireland, 
&c., &c., and Hasin bin Ebrehim, and AH bin Naser on 1>ehalf of IHs 
Highness the Sultan of Muscat, &c., &c., who having <?ommnnicat(Hl their full 
powers found to be in due and proi)cr form, have agreed upon and eoiieluded 
the following Articles : — * 

Aeticle 1. 

The subjects of Ills Higlmess the Sultan of Muscat shall be at liberty 
to enter, reside in, trade with and pass with their merchandize tlirough all 
parts of Her Britonnic Majesty^s dorninioiiivS in Euro])e au.l in Asia, and shall 
enjoy in those dominions all the privileg*es and advantag(‘B, witli resjnH^t to 
commerce or otherwise, which are or may he aeeordcd therein io the suhjeeis 
or citizens of the most favored nations ; and the su])jeets of Her BritiuiiHC 
Majesty shall, in like manner, have full ]il)eriy to enter, reside in, trade 
with and pass with their merchandize thro\igh a, U |)arts of the dominions of 
His Highness the Sultan of Muscat, and shall in those dominions tnyov all 
the privileges and advantages, with respect to eumnnu'ct^ or otherwise^, \vhi<b 
are or may be accorded therein to the subjects or citizens of the most favor- 
ed nation. 

Article 2. 

British subjects shall he at liberty to purcduisc, sell, or hire laud or liouses 
in the dominions of His Highness the Sultan of Muscat. 

The houses, ware-houses, or other premises of British subjeeis, or of 
persons actually in the service of British subjects in the dominions of 11 is 
Highness the Sultan of Muscat, shall not ‘be forcibly entered, nor on any 
pretext searched without the consent of the occupier, luiless witli tlu^ <*ogni- 
zance of the Consul or British Resident Agent. But such Consul or llesident 
Agent, on just cause being adduced by the autliorities of His Highm^ss the 
Sultan of Muscat, shall send a competent person, who, in (loneert with the 
Offiecrsof His Higlmess the Sultan of Muscat, shall conduct the search^ 
and shall prevent the use of unnecessary violence or of imi)roper resistance. 



94 


Arabia-Muscat-I^-o. XXXV. 


Part II 


Article 3. 

The two high contracting parties acknowledge reciprocally to each other 
the right of appointing Consuls to reside in each other^s dominions wherever 
the interests of commerce may require the presence of such OIBcers^ and 
such Consuls shall at all times be placed in the country in which they reside 
on the footing of the Consuls of the most favored nations. Each of the high 
contracting parties further agrees to permit his own subjects to be appointed 
to consular offices by the other contracting party^ provided always that the 
persons so appointed shall not begin to act without the previous approbation 
of the sovereign whose subjects they may be. 

The public functionaries of either government residing in the dominions 
of the other shall enjoy the same privileges^ immunities^ and exemptions 
which are enjoyed within the same dominions by similar public functionaries 
of other countries. 

Article 4. 

Subjects of the dominions of His Highness the Sultan of Muscat, 
actually in the service of British subjects in those dominions, shall enjoy the 
same protection which is granted to British subjects themselves, but if such 
subjects of the dominions of His Highness the Sultan of Muscat shall be 
convicted of any crime or infraction of the law requiring punishment, they 
shall be discharged by the British subject in whose service they may be, and 
shall be delivered over to the authorities of His Highness the Sultan of . 
Muscat. 

Article 5. 

The authorities of His Highness the Sultan of Muscat shall not inter- 
fere in disputes between British subjects or between British subjects and 
the subjects or citizens of other Christian nations. When differences arise 
between a subject of the dominions of His Highness the Sultan of Muscat 
and a British subject, if the former is the complainant, the cause shall be 
heard by the British Consul or Resident Agent, who shall administer justice 
thereupon. But if ^ the British subject is the complainant against any of 
the subjects of His Highness the Sultan of Muscat, or the subjects of any 
other Mahomedan power, then the cause shall be decided l^y the liigluhst 
authority of His Highness the Sultan of Muscat, or by persons nomina.i.(‘(l 
by him, but in such case the cause shall not be proceeded in except in the 
presence of the British Consul or Resident Agent, or of some person deputed 
by one or other of them, who shall attend at the Court House, or where 
such matter shall be tried. In causes between a British subject and a native 
of the dominions of His Highness the Sultan of Muscat, whether tried 
before the British Consul or Resident Agent, or before the al)ove-meiitioned 
authority of His Highness the Sultan of Muscat, the evidence of a man 
proved to have given false testimony on a former occasion shall not he 
received, • • 


Article 6. 

T.T- Property of a British subject who may die in the dominions of His 
Highness the Sultan of Muscat, or of a subject of His Highness the Sultan 



Part II 


Arabia— Huscat — No, XXXV. 


85 


of Muscat, wlio may die in the British dominions, shall be delivered over to 
their heirs, or executors, or administrators of the deceased, or to the respective 
Consul or Eesident Agent of the contracting parties, in default of such heirs, 
or executors^ or administrators. 


Abticle 7. 

If a BritisTi subject shall become bankrupt in the dominions of His 
Hig'bness the Sultan of Muscat^ the British Consul or Resident Agent shall 
take possession of all the property of such bankrupt;, and shall give it up to 
his creditors to be divided among them. This having been done^ the bank- 
rupt shall be entitled to full discharge of his creditors; and he shall not at any 
time afterwards be required to make up his deficiency; nor shall any property 
he may afterwards acquire be considered liable for that purpose. But the 
British Consul or Resident Agent shall use his endeavours to obtain; for the 
benefit of the creditors; any property of the bankrupt in another country; and 
to ascertain that every thing possessed by the bankrupt at the time when he 
became insolvent has been given up without reserve. 

Abticle 8. 

If a subject of His Highness the Sultan of Muscat should resist or evade 
payment of his just debts to a British subject; the authorities of His High- 
ness shall afford to the British subject every aid and facility in recovering the 
amount due; and in like manner the British Consul or Resident Agent shall 
afford every aid and facility to subjects of His Highness the Sultan of Muscat 
in recovering debts justly due to them from a British subject. 

Abticle 9. 

No duty exceeding 5 per cent, shall be levied at the place of entry in the 
dominions of His Highness the Sultan of Muscat on any goods; the growth; 
produce; or manufacture of the dominions of Her Britannic Majesty imported 
by British vessels; and this duty shall be deemed to be a full payment of all 
import and export and tonnage duties of license to trade; of pilotage and 
anchorage; and of any other charge by government whatever upon the vessels 
or upon the goods so imported or exported. Nor shall any charge be made 
on that part of the cargo which may remain on boai’d unsold ; and no ad- 
ditional or higher duty shall be levied upon these goods when afterwards trans- 
ported from one place to another in the dominions of His Highness ; but the 
above-mentioned duty having once been paid; the goods may be sold by wholesale 
or retail without any further duty. No charge whatever shall be made on 
British vessels which may enter the ports of His Highness for the purpose of 
refitting or for refreshments; or to enquire about the state of the market. 

Article 10. 

No articles whatever shall be prohibited from being imported into or ex- 
ported from the territories of His Highness the Sultan of Muscat; hut the 
trade between the dominions of Her Britannic Majesty and those of His 



96 


Arabia—Muscat— Wo. XXXV. 


Part II 


liigliness tlie Sultan of Muscat shall be perfectly free^ subject to the above- 
mentioned duty upon goods imported^ and to no other; and His Highness the 
Sultan of Muscat hereby engages not to permit the establishment of any mono- 
poly or exclusive privilege of sale within his dominions except in the articles of 
ivory and gum copal on that part of the east coast of Africa from the port 
of Tan gate situated in about five and a half degrees of south latitude to the port 
of Quiia lying in about seven degrees south of the Equator^ both ports inclu- 
sive ; but in all other ports and places in His Highnesses dominions there shall 
be no monopoly whatever^ but the subjects of Her Britannic Majesty shall be 
at liberty to buy and sell with perfect freedom from whomsoever and to whom- 
soever they ehose^ subject to no other duty by government than that before 
mentioned. 


Article 11. 

If any disputes should arise in the dominions of His Highness the Sultan 
of Muscat as to the value of goods which shall be imported by British 
Merchants and on which the duty of 5 per cent, is to be levied, the Custom 
Master, or other authorized Officer acting on the part of government of His 
Highness the Sultan of Muscat, shall be entitled to demand one-twentieth 
part of the goods in lieu of the payment of 5 per cent, and the Merchant 
shall be bound to surrender the twentieth part so demanded whenever, from 
the nature of the articles, it may be practicable to do so; but the Merchant 
having done so, shall be subject to no further demand on account of customs 
on the other nineteen-twentieths of those goods in any part of the dominions 
of His Highness the Sultan of Muscat to which he may transport them. 
But if the Custom Master should object to levy the duty in the manner aforesaid 
by taking one-twentieth part of the goods, or if the goods should not admit 
of being so divided, then the point in dispute shall be referred to two com- 
petent persons, one chosen by the Custom Master and the otlier by the 
importer, and a valuation of the goods shall he made, and if the referees 
shall differ in opinion, they shall appoint an arbitrator, whose decision shall 
be final, and the duty shall be levied according to the value thus established. 

Article 12. 

It shall not be lawful for any British Merchant to expose his goods for 
sale for the space of three days after tlie arrival of such goods, unless, before 
the expiration of such three days the importer and Custom Master shall have 
agreed as to the value of such goods. If the Custom Master shall not with- 
in three days have accepted one of the two modes proposed for ascertaining 
the value of the goods, the authorities of His Highness the Sultan of Muscat 
on application being made to them to that effect shall compel the Custom 
Master to choose one of the two modes by which the amount of the customs 
to be levied is to be determined. 


Article 13. 

If it shall happen that either the Queen of England or His Highness 
the Sultan of Muscat should be at war with another country, the subjects of 



Part II 


Arabia— MTiseat—3Sro. XXXV. 


97 


Her Britannic Majesty and the subjects of His Hig'hness the Snltan of 
Muscat shall nevertlieless be allowed to pass such country through the domi- 
nions of either power with merchandize of every description cxce})t warlike 
stores, but they shall not be allowed to enter any port or place actually 
blockaded or besieged. 

Auticlb 14. 

Should a vessel under the British flag enter a port in the dominions of 
His Highness the Sultan of Muscat in distress, the local authorities at such 
port shall afford all necessary aid to enable the vessel to refit and to prosecute 
her voyage, and if any such vessel should be wrecked on tlie coast of the 
dominions of His Highness the Saltan of Muscat, the authorities of His 
Highness shall give all the assistance in their power to recover and to deliver 
over to the owners all the |)roperty that can be saved from such vessel. The 
same assistance and protection shall be afforded to vessels of tlie dominions 
of His Highness the Sultan of Muscat, and property saved therefrom under 
similar circumstances in the ports and on the coast of the British dominions. 

Aeticlb 15. 

His Highness the Sultan of Muscat hereby renews and confirms the 
engagements entered into by His .Higlmess with Great Britain on the lOth 
of September 1822 for tbe entire suppression of slave trade l)etween bis 
d^nninions and all Christian countries; and His Highness further engages 
that the ships and vessels of war belonging to the East India Company slnill 
be allowed to give full force and effect to tbe sti])ulations of the said ’^rreaty, 
agreeably with the conditions prescribed therein, and in the same manner as 
the ships and vessels of Her Britannic Majesty. 

Article 10. 

It is further acknowledged and declared by the high eontraeting ])arti(\s 
that nothing in this Convention is intended in any way to interreiuf with, or 
rescind any of the rights or privileges now enjoyecl by tbe subj(Hd.s of Mis 
Higlmess the Sultan of Muscat in respect to commerce and navigation within 
the limits of the East India Company^'s Charter. 

Article 17. 

The present Convention shall be ratified, and tbe ratifications thereof 
shall be exchanged at Muscat or Zan2il)ar as soon as possible, and, in any case, 
within the space of fifteen months from the date hereof. 

.Bone on the Inland and at the Town of Zanzihar this thirh/’-Jlrst daj/ of 
May %n the year of Christ eighteen himdred and ihlTty-nhie^ correspondlug with 
the seventeenth of the month Rnbbee-uU/hoid of the Ul lleglratwekwhmidred 
and fifty five. 


Form of Declaeation made on tlie part of the British Government previous to exchange 

of the RATIFICATIONS. 

The undersigned Samuel Henncll, Esq., a Captain in the Military Service 
oi the East India Company, and Resident in the Persian Gulf, appointed on 
■vii rs 



98 


Arabia~Muscat~3Sro. XXXV. 


Part II 


behalf of Her Majesty the Queen of the United Kingdom of Great Britain 
and Ireland to exchange Her Majesty^s ratification of the Treaty of ( 'Oni- 
merce concluded at Zanzibar, on the 31st May 1839, by Robert Cogan, Esq., 
a Captain in the Naval Service of the East India Com])any on the part of Her 
said Majesty, and by Hassan bin Ebrehim, and Mahabat Ali bin Nasir, on the 
part of His Highness the Sultan of Muscat, against the ratification of the 
same Treaty by Sis Highness the Sultan of Muscat, is commanded by the 
Queen, in order to avoid any possible misunderstanding as to the meaning of 
the words contained in the ninth Article of the said Treaty, ^^any other 
charge by government whatever, to declare to Syud Mahomed Ibin Syud 
ShuiTuf, appointed by His Highness the Sultan of Muscat, to exchange Ilis 
Highness's ratification, that the aforesaid words are by Her Majesty takem 
and understood to mean any other charge whatever made by the government, 
or by any local authority of the government." 

Mitscai, this twent'jj -second daij of Julij 1840. 


(Sd.) S. Hennet/l 


Form of Declaration made on the part of the Muscat Government previous to exchange 

of the ratifications. 

The undersigned Syud Mahomed Il)in Syud Shurruf, appointed by His 
Highness the Sultan of Muscat to exchange His Highness's ratillcation of the 
Treaty of Commerce concluded at Zanzibar, on the 3 1st May 1839, ].>y Rol)ert 
Cogan, Esq., a Captain of the Naval Service of the East India Company on 
the part of Her Majesty the Queen of the United Kingdom of Grea-t Britain 
and Ireland, and by Hassan bin Ebrehim, and Mahabat Ali bin Na,sir, on the 
part of His Highness the Sultan of Muscat, against tlie ratification of the 
same Treaty by Her Majesty the Queen of the United Kingdom of Gnait 
Britain and Ireland, having received from Samuel Ilcnnell, Es(|., a Ca|>taiu lu 
the Military Service of the Kast India Company, and Resident in the Pm-sian 
Gulf, appointed to act in this matter on behalf of Her said Majesty, a di'claration 
stating that, in order to avoid any possible misunderstanding as to the uu^aai- 
ing of the words any other charg'e by government vvhatevcr," coniained in 
the ninth Article of the said Treaty, the aforesaid words arc l)y Her Majesty 
taken and understood to mean ^Eany other charge whatever mach^ by the 'gov- 
ernment, or ])y any local authority of the government," the luuiersigiuHl Syud 
Mahomed Ibin Syud Shurruf, being duly authorized by Ilis Iliglnu^ss ihe 
Sultan of Muscat, hereby accepts and adopts the said declaration in the name 
and on the behalf of His Highness the Sultan of Muscat. 

Muscat, this twenty -second day of July 1840. 


L. S. 


(Sd.) Syut) Mahomed Ibin Syud Suitrruf. 





Part II 


Arabia— Muscat— Wo. XXXVI. 


99 


Form of Certificate signed on the exchange of the ratifications. 

The undersigned having met together for the jmrpose of exchanging the 
ratifications of a Treaty of Commerce between Her Majesty tlie Queen of 
the United Kingdom of Great Britain and Ireland and llis Iligliness the 
Sultan of Muscat^ concluded and signed at Zanzibar on the 31st day of May 
1889^ and the respective ratifications of the said instrument ha,ving been care- 
fully perused^ the said exchange took place this day in the usual form. 

Ill witness whereof they have signed the present Certificate of exchange 
and have affixed thereto their respective Seals. 

Done at Muscat ^ the twent'^ -second day of July 1840. 


S. Hennell. 


SyUD MaJIOHJEJ) I.B1N Syud Sjuirimif. 


L. S. 


L. S. 


(Sd.) 


Translation of the ratification of His IlioirNEss the Lai am of Muscat to Ihu Tkhaty 

of COMMEUCE. 

We having duly considered the Treaty above drawn out luive ap])ruvcd, 
accepted; and confirmed the several Articles and Clauses therein std, forth, and 
by this document do hereby approve, accept, and confirm tlie same for our- 
selves, our heirs and successors. Accordingly we do by our word promise and 
engage sincerely and faithfully to perform all and eVery tilling set forth and 
contained in the aforesaid Treaty, and further that to the ulinost. of our power 
we will allow no one to violate and infringe this engagenumt in any way 
wlnatsoever. In witness whereof we have directed our seal to lie adixed to 
this document, which wc have signed with our own hand in this our Pori of 
Muscat this 22nd day of Jcinnuidee-ul-Awiil a.ii. 1258, aecunling to 22ml 
July 1840 of the Christian era. 


L. S. 


(Sd.) Syun Saeed. 


No. XXXVI. 

Translation of additional Articles regarding the sui>.i»resbi on of the fokeion slave 
TRADE entered into hy His Highness Saeed Syud bin Sultan, th(‘ Imam of Mubcat. 

I agree that the following Articles be added to the above Treaty con- 
cluded by Captain Moresby on the aforesaid date : — 

Article 1. 

That the government cruizers, whenever tlicy may mt‘ei any vessid 
belonging to my subjects beyond a direct line drawn from Cape Delgado, 





100 


Arabia-Muscat-Ho. XXXVII. 


Part II 


passing two degrees seaward o£ the Island of Socotra and ending at Piisseiig 
and shall suspect that such vessel is engaged in the slave trade, the said 
cruizers are permitted to detain and search it. 

Aiiticlg 2. 

Should it on examination he found that any vessel belonging to iny 
subjects is carrying slaves, whether men, women, or children, lor sale l)eyond 
the aforesaid line, then the government cruizers shall seize and conliscaie such 
vessel and her cargo. But if the said vessel shall pass beyond the aforesaid 
line owing to stress of weather, or other case of necessity not under control, 
then she shall not be seized. 

Article 3. 

As the selling of males and females, wlicther grown up or young, who 
are “ Hoor''’ or free, is contrary to the Mahoinedan religion, and whereas the 
Soornalees are concluded in the Hoor or free, I do hereby agree that the sale 
of males and females, whether young or old, of the Soomalec tribe, shall be 
considered as piracy, and that four months from this date, all those of my 
people convicted of being concerned in such an act shall be punished as 
pirates. 

Baled &lioioal 1255 AJL, corres^jonding to Ihe \ llh Becmher A.J), 
1839. 

Seal ot 
Syiii) Bin 

Slii/i'AM. 


No. XXXVII. 

Ageeement betwcon Hee Majesty the Quisen of the United Kinodom <»(' (Jrkat 
B iMTAiN and Ieeland and His IJiohness Syud Saee:d bin Sodtan, “ Mu* ISultan 
of Muscat,” for the tennination of the export of slaves fVoia the Aeeican Dominions 
of His Highness the Sultan of Muscat. 

Her Majesty the Queen of the United Kingdom of Great Britain ami 
Ireland being* earnestly desirous that the export of slaves from the Afrii'uu 
dominions of His Highness the Sultan of Muscat should cea.s(‘, ami llis 
Highness the Sultan of Muscat, in deference to the wishes of Hm* Ma.j(*siy 
and of the British nation, and in furtherance of the dictates of hmuanily 
which have heretofore induced him to enter into engageimmi with Great 
Britain to restrict the export of slaves from his dominions, l)(‘ing willing to 
put an end to that trade, and Her Majesty the Queen of the United Kingdom 
of Great Britain and Ireland and His Highness the Sultan of Mus<*at luiving 
resolved to record with due form and solemnity this furtluu* rest ri(‘1 ion of the 
export of slaves, and Her Majesty having given due antliority to ( -aptain 
Hamerton, Her E-epresentative at the Court of the Sultan of Muscat, to 
conclude an agreement with Ilis Highness,. accordingly llis liigliness Saeed 



Part II 


Arabia-Museat-lsro. XXXVII. 


101 


Syud bin Sultan, for himself, liis heirs and successors, and Ca|)taiu Ilamerton, 
on behalf of the Queen of the United Kingdom of Great Britain and Ireland, 
her heirs and successors, have agreed upon and concluded the following’ 
Articles : — 

Article L 

His Highness the Sultan of Muscat here engagn's to ])rohil)it, niuh'r the 
severest penalties, the export of slaves from his African dominions, and to 
issue orders to his Officers to prevent and suppress such trade. 

Article 2. 

His Highness the Sultan of Muscat further engage's to iiiKh'r 

the severest penalties, the importation of slaves from any part of Africa into 
his possessions in Asia, and to use his utmost inlliicnee with all the Chiefs of 
Arabia, the lied Sea, and the Persian Gulf, in like manner, to prevent tin; 
introduction of slaves from Africa into their respective territories. 

Article 3. 

His Highness the Sultan of Muscat grants to the sliips of Ih'r Majt'sty's 
Navy, as well as to those of the East India (Company, jK'nnission t,o' scizi* 
and eonfiscate any vessels, the propc'rty of His IIi<>hness or of Ids sul)j('('ts, 
carrying on slave trade, excepting only such as arc c'ngagi'd in llu' transport 
of slaves from one port to aimther of his own dominions in Afrlc'a l>(‘(.\v<H‘n 
the port of Lamoo to the north and its dependencies, tiui noriln'm lindt of 
which is the north point of Kuyhoor Island in 1^57' (om? d('grc(‘ and fift y- 
seven minutes) South Latitude, a.nd the port of Kulwa. t.o the south and its 
dependencies, the southern limit of which is the Songa. Manora or Pa<»‘o(la 
Point in 9°2' (nine d(‘grecs and two minutes) SouUi Latitudi', ineliuiing t lu^ 
Islands of Zan/dbar, Pemba, and Monfea. 

Ar'I’ICLE t. 

This agreement to (U)mmenee and have elTec’i from ilie (1st} first, day of 
January LS17, (one thousand eight hundred and forty-seven) of tlu' v(‘'ar of 
Christ, and the 15th day of the month of MaluuuH'run 12(i3, (twelvt' luimlrcd 
and six ty -three) of the I legira. 

B(>ue (d Zairzifjar (fris (mmid) daij of Octohvr 1815, (one (konsond 
eight lioindred and fyrf and %\dk dag (f Uam.Ztui 

12()[ (twelve huiulred and niwtg-ane) of the Hegira, 

(Sd.) Atkins IIamerton, 

Captain, 

^ On behalf of Ilor Majesty the Queen of tlie United Kingdom of Great 
Britain and Ireland, her heirs and successors. 


Soul of 
Captain 



102 


Arabia-Muscat-Nos. XXXVIII. & XXXIX. 


Part II 


No. XXXVIII. 

Rules established by His Highness the Imam of Muscat, in April 184(3, in regard to 
the duties to be hereafter charged on the cargoes of vessels putting into IIis High- 
ness’s ports. 

In a letter dated the 13tli April 1846^ Captain Atkins Hamerton, Her 
Majesty’s Consul^ and Honourable Company’s Agent in the dominions of His 
Highness the Imam of Muscat, reported that His Highness the Imam of 
Muscat had ordered the following Rules to be henceforth oliscrved in regard 
to the landing or transhipment of the cargoes of vessels putting into Muscat 
or into any of His Highness’s other ports : — 

AllTICtiE 1. 

That the full duty of five per cent, shall be levied on all artiedc's tranship- 
ped from one vessel into another in all the ports and harbours belonging to 
His Highness the Imam. 


Ahticle '’I, 

That a vessel of any nation being obliged to put into any of IIis High- 
ness’s ports through stress of weather, or for the pur})ose of refit, slinll not 
be required to pay duty on any part of her cargo which may be landed and 
stored during the repair of the vessel provided it be re-embarked in her. 

Article 3. 

That no duty shall, under any circumstances whatever, he levied on stores 
the property of the British Grovenmient when landed at any of His Highness’ 
ports. 


No. XXXIX. 

Deep of Cession of the IvoRiA Moria Islands executed by His lIionNKss the Imam of 
Muscat in the presence of Captain Fremantle, Commanding Her Majesty’s Ship 
J'lmo, under date the 14th June 1854. 

From the humble Saeed bin Sultan, to all and every one who may sec 
this paper, whether Mahomedans or others — 

There has arrived to me from the powerful nation (England) Captain 
Fremantle, belonging to the Royal Navy of the Great Queen, requesting 
from me the (Jesairijhn Colfaim) Koria Moria Islands, viz., Helane(‘a, Jible(Ri, 
Soda, Haski, and Gurzond; and I hereby cede to the (iueeu Victoria the 
above-mentioned Islands, to be her possessions, or her heirs and suce(‘SHorB 
after her. In proof whereof I have hereunto affixed my signature and seal, 



Part II 


Arabia— Muscat —No. XL. 


10 ^ 


on behalf of myself and my son after me, of my own free will and pleasnre, 
without force, intimidation, or pecuniary interest whatsoever. 

And be the same known to all to whom these presents may come. 

Bone at Muscat the Ylth day of the month Showal 1270, l-ith July 1S5I. 
Given under my hand, 

r 

Seal. (Signed) by the Imam.) 


Done in tlie presence of me^ 


(Sd.) 


Mmcatj the 14^lh July 1854*. 


Stephen G. FiM'iMAN'ruo^ 

Cajjtaiuy IL M,\s Ship Jn no 


No. XL. 

Letter to His Highness Syud Thowaynee bin Saeeh bin Sultan, orMusc.vr. 

Beloved and esteemed Friend 1 

I address your Highness on the subject of tlie un]ia])py dinureneos which 
have arisen between yourself and your Higlmcss^s brotlnn* the nil(‘r of YuxivlU 
bar, and for the settlement of which your Highness has (mgaged to accept the 
arbitration of the Viceroy and Governor General of India. 

Having regard to the friendly relations which have always oxist.('d Ind-wemi 
the Government of Her Majesty the Queen and the Government of Oman 
and Zanzibar, and desiring to prevent war between kinsmen, I ae(‘(‘})t('(l 
the charge of arbitration between you, and in ordtu- to obtain tlu^ fullesi, 
knowledge of all the points in dispute, I directed the Govornnuml, of Bombay 
to send an Officer to Muscat and Zanzibar to makc^ the necessary (unpiirii's. 
Brigadier Coghlan was selected for this purpose, an Ofliem' in whose judgnumt, 
intelligence, and impartiality the Government of India vepost's tiie ui.most 
confidence. 

Brigadier Coghlan has submitted a fulband (dear report of all the {|U('s- 
tions at issue between your Highness and your brotdnn’. 

I have given my most careful attention to each of these (pu'st.ions. 

The terms of my decision are as follows: — 

1st. — That His Highness Syud Majid be declared ruler of Zanzibar and 
the African dominions of His late Highness Syud Saeed. 

%nd. — That the ruler of Zanzibar pay annually to the rnhu* of Muscat a 
subsidy of 40,000 crowns. 

2>r(L — That His Highness Syud Majid pay to Ilis IIighnt\ss Sy\ul 
Thowaynee the arrears of . subsidy for two years, or 80,000 crowns. 

I am satisfied that these terms are just and honourabk' to lioth of you ; 
and as you have deliberately and solemnly accepted my arbitration, 1 sliall 




104 


Arabia— Muscat— No. XL. 


Part II 


expect that yon will cheerfully and faithfully abide by them; and that they 
will be carried out without unnecessary delay. 

The annual payment of 40,000 crowns is not to be understood as a recoq*- 
nition of the dependence of Zanzibar U])on Muscat, neither is it to l>e consi- 
dered as merely personal between your Highness and your brother Syiul Majid. 
It is to extend to your respective successors, and is to be held to be a linal 
and permanent arrangement, compensating the ruler of Muscat for the al)au- 
donment of all claims upon Zanzibar and adjusting the inequality betw(‘en llic 
two inheritances derived from your father His late Higliness Syud Saeed, the 
venerated friend of the British Government, which two inheritances are to be 
henceforward distinct and separate. 

I am your Highnesses 

Port William, Sincere Friend and well-wisher. 

The l 7 i(l April 1861. ) (Sd.) Canning. 


To His Exalted Excellency Lord Canning, Governor General of India, &c., &c., &c. 

In the name of the Great God ! 

After Compliments. — At a most propitious and favourable time wc 
were honoured with the receipt of your esteemed letter and were highly grati- 
fied with its contents. What your Excellency has stated is most satisfaetory 
to us, more especially as regards your award betwixt us and our brother Miijid. 
We heartily accept the same, and arc at a loss how to express our regret for 
having occasioned you so much trouble, and our appreciation of tlu^ kindness 
which has been manifested towards us in this matter. Wc thank God for your 
efforts on our behalf, praying also that your good will may be rewarded and that 
you may never cease to be our support. Wc further pray that our sincere alTec- 
tion may always he towards the Great (British) Government and that it may in- 
crease continually : moreover, that your exalted affection and nol)le solicitude 
may always be exercised towards us, and tluit we may never Ixi de|)rived tluun.'of. 
As regards our brotber Majid, we pray God during our life time he may never 
experience any thing from us but kindness and hearty good will. Ihirihermore, 
we rely implicitly on your arbitration between us (being carried out.) 

What your exalted Excellency may require in any way from your a t-t a, (died 
friend, a hint alone will suffice for its accomplishment, and wc shall feel 
honoured in executing it. 

We pray finally that you may be preserved to the liighest honours and in 
the most perfect health. Wc send you the salutation of peace as the best 
conclusion. 

Erom your truly sincere friend, the servant of God, who confides in liini 
as the Giver of all good. 

(Sd.) Thowaynek bjn Saekd bin Sultan, 
m of Eh-^Kaada 1277. 

15a May 1861. 


'L. S. 



Part II 


Arabia— Muscat“-Nos. XLI. & XLII. 


105 ^-- 


No. XLI. 


Declaeation respecting the Independence of Muscat and Zanzibau. 


Her Majesty^s tlie Queen o£ tlie 
United Kingdom of Great Britain and 
Ireland and His Majesty tlie Emperor 
of the French^ taking into considera- 
tion the importance of maintaining tlic 
independence of His Highness the 
Sultan of Muscat and of His Highness 
the Sultan of Zanzibar^ have thouglit 
it right to engage reciprocally to respect 
the independence of these Sovereigns. 

The undersigned, Her Britannic 
Majesty’s Ambassador Extraordinary 
and Plenipotentiary at the Court of 
France^ and the Minister Secretary of 
State for Foreign Affairs of His 
Majesty the Emperor of the French, 
being furnished with the necessary 
powers, hereby declare, in consequence 
that their said Majesties take recipro- 
cally that engagement. 

Witness whereof the undersigned 
have signed the present Declaration, 
and have affixed thereto the seals of 
their arms. 

Done at Pa a i s. 

The 10/7/ March 18(hi. 


L. S. 


Sa Majeste la Eoine du Royaurne 
Uni do hi Grande Bretagne ct de 
hlrlande ct Sa, i\raje.slc rjhnpereur 
des Fran 9 ais, prenant en considera- 
tion Fim])ortancc qui skittaclie an 
mainticn de rind('|)ondcnec du Sultan 
do Museatc, dhnie part, ct dii Sulta.n 
de Zanzibar de ha,ntre, out jug (5 
convcnablc do skuigainn* reeiprfxpu'- 
ment a res|)ecter Findepeiidcucc dc 
ces deux Princes. 

Lcs Sous.signcs, Anihassadcnr ex- 
traordinaire ct j)lcnij)oientiaire de Sa 
Majeste Brita.nniijue, jiras la Cour dci 
France, et Ministn* des AITa,irc's 
Etrangeres de Sa Majeste rEinpt'nair 
des Franyais ctant eininis dc ]>ouvoir 
h cot clTet, (leclarent en consecpuaice 
par le present Acte, ((ue hnirs (lit<‘s 
]M a j es tes p r tu m e n t ree i pr ( n j u ( ‘ m < ‘ n t 
Fengageinent indiqiie <;i dossus. 

En foi do cpioi, les Soussignes out 
signe en doulile la presente Di'ela- 
ratiou et y out o]>posc le cachet <l(j 
leiirs arnu‘s. 

Fait a Paius, 

7c 10 J/aroS I S (hi. 

(Sd.) (hlWLEY. 


L. S. 


Dk IhlOUVEXAL. 


No. XLIL 

Articles of Agreement agreed to before LiEUTENANT-CioLoNicL Ijewis Peclw Her 
Britannic Majesty’s Political Resident in the Persian (Iclf, ujuI Lieutenant 
Colonel Herbert Dishrowe, Her Britannic Majesty’s Politk’al Agent at 
Birka Muscat, by His TIigiiness Syed Thoweyn ee iun Saeed ion Sui/i*an, Ibe, 
Sultan of Muscat,—- under date this 17th day of November LS(H. 

Article I. 

My ancient and faithful ally, the British Goverinneid, is at liltcrtv to 
construct one or more lines of telegra.phic communication anywhere within 
the territories appertaining to the State of Muscat. 

VII J,|. 





100 


Arabia- Museat~-]N‘o. XLII. 


Part II 


Article 3. 

The British Government is further at liberty to construct one or more 
lines of telegraphic communication in any territories which I may hold in 
lease from the Shah of Persia. 


Article 3. 

I engage^ for myself^ my heirs^ and successors^ to respect and abstain 
from all and every interference with telegraphic operations carried on by the 
British Government in or near the territories of Muscat. 

Article 4. 

And in the event (which God forbid) of any of my sul)jects or depend- 
ants committing an act of aggression or trespass on the said telegraphic lines 
and stations, or other telegraphic material, I will immediately punish the 
offender, and proceed to afford full redress upon the same being brought to 
my notice. 

Article 5: 

Nothing in these Articles shall be held as conferring any dominion or 
sovereign right on the part of the British Government over the territory of 
Muscat through which the line may pass, neitlier of any additional dominion 
or right on my part as Sultan of Muscat over territory which I may hold in 
lease from the Shah of Persia. 


Article 6. 

In like manner, nothing in these Articles shall be held as invalidating 
or derogating from the title of the British Government to the station of 
Bassadore, that station having been freelj granted to the Britisli Government 
by my late illustrious father, of blessed memory the late Imaum Syed Sacked 
bin Sultan, on behalf of himself, his heirs, and suecessors. 

Article 7. 

Nothing in these Articles shall be bold as invalidating any Article of 
any Treaty entered into by myself or forefatbers with our ancient and faithful 
ally, the British Government, from the year 1798 downwards. 

Dated Birka, Muscat, 17th November 1864. Signed in our presence 
by Syed Thowcynce bin Saeed, Sultan of Muscat, this 17tb clay of November 
1864, and sealed in our presence by His Highness's Minister, Hajee Ahmed, 
at Muscat, this 18th day of November 1864. 

Lewis Pelly, Lient.-CJol,, 

_ 11. B. M.’s Bolll. ItesilL, Bomcm Gulf. 

(Sd.) Herbert Disbrowe, LieuL-CoL^ 

IL jS. PoUL Jgeni^ Unseats 




Part II 


Arabia— Muscat— Ko. XLIII.* 


107 


No. XLIII. 

Convention between tlie British Government and His Highness Stud Thowaynee 
BIN Saeed bin Sultan, the Sultan of Muscat, for the extension of the Electric 
Telegraph through the dominions subject to the sovereignty of His Highness in 
Arabia and Mekran. 

Article 1. 

That the British Government shall be at liberty to construct one or more 
telegraphic lines, and to erect Telegra})li Stations^ in any portion of territory 
subject to the sovereignty of Ilis Highness^ both in Arabia and Mekran^ which 
shall be most convenient to them. 

Article 2. 

That the cost of materials, landing cliarges, labour, housing, provisions, 
&c., &c., shall be paid by the British Government, who will make any arrange- 
ment they consider most convenient regarding their own su])plies, lal,)our, &c,, 
the Sultan of Muscat under taking that no impediment of any sort shall be 
thrown in their way in collecting them ; on the contrary, that every protectiou 
and assistance shall be given on bis part. 

Article 3. 

That Ilis IHglincss the Sultan of Muscat sliall afford protection to the 
best of his ability to the lines of Telegraph, the Telegraph Stations, and the 
persons employed in their construction and maiateuancc. 

Article 4. 

Should any disagreements arise in tlic possessions of the Sultan of 
Muscat, situate near Arabia, between the Telegrapli officials and the subjects 
of His Highness, the said disagreements sliall be referred to the British 
Political Oiiicer at Muscat, if they cannot he satisfactorily settled on the spot. 

Article 5. 

In like manner, should any disagreements arise in tlie possessions of the 
Sultan of Muscat, situate in Mekraii, between the Telegraph oOicials and the 
subjects of His Highness, the said disagreements shall be reierrcid to the Assist- 
ant British Political Oflicer at Gwadiir, if they cannot be satisfactorily settled 
on the spot. 

ARTfCLE 6. 

This Convention, together witli any supplementary Articles that may 
hereafter thereunto be added, is to be considered dependent for completion 
and effect upon the approval of the British Government. 

Done at Ihiseat this nmeleenth (lay of January in the year of Christ one 
thousand eight hundred aneV akrtyfhe^ corresgmidlng loith the twentieth (lay 
the month Shalmn of the Hegira one thousand tuw hundred and eighty-one^ day 
of the weeh Thwrsday. 

(Sd.) Herbert Disbrowe, Lieut.-Colonely 

IL B, Mis PoUl. Agent at Micscat^ 
on the 2)(irt of the British Govt, 



108 


Arabia—Mxiscat— Ho. XLIV. 


Part II 


No. XLIV. 

Teeatt between Hee Majesty and the Sultan of Muscat fox* tlie Abolition of tlie 

Slave Teaue. 


Signed at Muscat, April 1873. 


Her Majesty the Queen o£ the United Kingdom of Great Britain and 
Ireland; and His Highness the Syxid Toorkee-bin-Said; Sultan of Muscat, 
being desirous to give more complete effect to the engagements entered into 
by the Sultan and his predecessors for the perpetual abolition of the Slave 
Trade, they have agreed to conclude a Treaty for this purpose which shall 
be binding upon themselves, their heirs, and successors; and Her Majesty 
the Queen of the United Kingdom of Great Britain and Ireland, having 
appointed as her Plenipotentiary Sir Henry Bartle Edward Erere, Knight 
Commander of the Most Honourable Order of the Bath, and Knight Grand 
Commander of the Most Exalted Order of the Star of India, lie, having 
communicated to the Sultan of Muscat his full powers found in good and 
due form, and the aforesaid Sultan of Muscat, Syud Toorkee-bin-Said, acting 
on his own behalf, they have agreed upon and concluded the following 
Articles ; — 

Aeticlb I. 

The import of slaves from the coasts or islands of Africa or elsewhere 
into the dominions of Muscat, whether destinekl for transport from one part 
of the Sultan of Muscat^ s dominions to another, or for conv(‘- 3 Uince to 
foreign parts, shall entirely cease, and any vessels engaged in tlie trans]>ort 
or conveyance of slaves after this date shall be liable to seizure and condem- 
nation by all such Naval and other Officers or Agents, and such Courts a.s 
may be authorized for that purpose on the part of Her Britannic Majijsty; 
and all persons hereafter entering the Sultan's dominions and de])eiKlencics 
shall be free. 


Article II. 

The Sultan engages that all public markets in his dominions for slaves 
shall be entirely closed^ 


Article III. 

The Sultan engages to protect, to the utmost of his power, all liberated 
slaves, and to punish severely any attempt to molest them or reduce them 
again to slavery. 



Part II 


Arabia— Muscat— lifo. XI»V. 


109 


Article V. 

Her Britamiic Majesty engages ttat natives of Indian States iiiuler 
British protection shall^ from and after a date to be hereafter fixcdj be pio- 
hibited from possessing slaves^ and in the meanwhile from accj[uiring any 
fresh slaves. 

Article V. 

The present Treaty shall be ratified by Her Majesty, and the ratification 
shall be forwarded to Muscat as soon as possible,-^' 

In witness whereof, Sir Henry Bartle Edward Frcre, on behalf of Her 
Majesty the Queen of the United Kingdom of Great Britain and Ireland, 
and' Syud Toorkee-bin-Said, Sultan of Muscat, on his own behalf, have signed 
the same and have affixed thereto their respective seals. 

Hone at Muscat this fourteenth day of April, one thousand eight hundred 
and seventy-three. 

fL.S.) (Sd.) H. B. E. Erkrk. 

„ ,, Syud Toorkuu-uin-Said. 


No. XLV. 

Agreement entered into by the Sultan of Muscat relative to ilie jurisdieiion of' the 
Political Agent and Consul over subjects of Native States in In i>i a residing 
in tbe Muscat Dominions. ^ . 

Whereas it is desirable that all subjects of Native Stahls in India n'sid- 
ing in Muscat territories should be ameualde to the jurisdiction of the 
Political Agent and Consul at Muscat, arid it would ajipi'ar that sindi juris- 
diction is at present defective without tlie express consent of I! is .Hlgluu^ss 
the Sultan: It is hereby formally declared and (*onsented to by ,11 is Highiu'ss 
Syud Toorkec bin Saeod on behalf of himself, his heirs and vsuceessors, that 
subjects of Native States of India who may commit oirmua^s within the 
Muscat dominions shall be amenable to the Political Agent and CoiisuPh 
Court in the same way as British subjects wlienever, in any particular case, 
the Political Agent thinks fit to exercise such jurisdiction, and that the words 
British subjects^"’ in all Treaties between the Engdish Covernmeut and the 
Muscat State shall include subjects of Native Indian States. 


L. S. 


(Sd.) Toorkee bin Saeed. 




no 


Arabia- Muscat-]Sros. XLVI. & XLVII. 


Part II 


No. XL VI. 

Tjjanslated purport of a letter from His Highness Syub Tooekee, Sultan of 
Muscat, to Major S. B. Miles, Her Britannic Majesty’s Political Agent 
and Consul, Muscat, dated 3rd Moliurrum 1291 = lOth Pcbruary 1875. 

I have received your letter of tlie 2nd instant, and have understood its 
contents. I abide by the agreement made by my father with the British 
Government regarding the Customs duties leviable on goods landed from 
distressed vessels. For examine, if a vessel that puts into Muscat for repairs, 
lands her cargo in order to undergo such repairs, and re-ships her cargo or 
puts it into another vessel, I forego all claim to duty for the sake of the unity 
between us and the British Government, and will raise no question concern- 
ing such goods, even though such were liable to duty in the time of our 
ancestors. 


No. XLVII. 

Translation of a Treaty of Peace between His Highness Syud Saeed bin Sultan, 
the Imam of Muscat, and Syub Humoob, the Chief of Sohar. 

Praise he to Him who has caused peace to be the means of adjusting the 
affairs of mankind, and who is the promoter of friendship in every class of life. 

The object of writing this paper and these words of trufli is, that peace 
has been established between His Highness the Imam of Muscat, Sjmd Saeed, 
the son of Syud Sultan, and the Chief of Sohar, the Honourable Syud 
Humood, the son of Syud Azan, through the mediation of Captain Hennell, 
the British Resident in the Persian Gulf, this 17th day of Showal a.h. 1255, 
corresponding with the 23rd December a. b., 1839, upon the following condi- 
tions : — 

Article 1. 

That from this day there shall be a perfect, lasting, and established peace 
between the two contracting parties. 

Article 2. 

That the subjects of the two contracting parties shall carry on a free 
intercourse with each other^s territory for purposes of trade without hiuderance 
or molestation. 

Article 3. 

Whenever subjects of either of the two contracting parties remove 
voluntarily from the territories of the one and take up their residence in those 
of the other, no blame shall attach to the ruler of the territory in which they 
settle, and moreover it shall not be incumbent upon him to cause them to 
return to their original country unless he thinks proper to do so. 



Part II 


Arabia—Museat— ISTo. XIjVIII. 


Ill 


Article 4. 

That neither of the two contracting parties shall commit any sort of 
aggression upon the territories of the other^ neither openly nor secretly^ and 
shall not excite others to do so. 

Article 5. 

In the event of either of the two contracting parties proceeding to 
punish any rebellious person among his own subjects, tlie other shall not assist 
or support such rebel either openly or secretly, nor shall encourage him in his 
rebellion by word or by letter. 

Article 6. 

As the district of Roostak, which belongs to Synd Ilnmood bin A^iaii 
is surrounded by the territory of His Highness Syvul Saeed bin Sultan, the 
communication and road between the aforesaid district and the other territories 
of Syud Humood shall not be interrupted or closed. 


Article 7. 

In the event of an enemy arising against Syud Humood aud making 
war upon him, His Highness Syud Saeed is to support liioi in every way to 
the utmost of his power and ability. 

These are the conditions upon which this engagement has been made 
on both sides and with the consent of both parties, and to this the Almighty 
is a witness. 


Dated Muscat, the \TtJi Showal 1255, AJL, correspo^iding with the 
December A.D. 1839. 


The Seal 
of Syud 
Humood bin 
Azan. 


The S(‘al of 
SvlTl) SaKKI) 
aiN Sultan. 


No. XLVIIL 

Teanslatiojst of an Engagement entered into by Syud Sye bin Hcjmoou, Chief of 
SoHAR, for the Abolition of the African Slave Trade in Iub torts. 

It having been intimated to me by Major Ilennell, the Resident in the 
Persian Gulf, that certain conventions have lately been entered into by ihe 
Ottoman Porte and other powers with the Britisli Government for the purpose 
of preventing the exportation of slaves from the coast of Africa and else- 
where, and it having, moreover, been explained to me that, in order to the 
full attainment of the objects contemplated by the aforesaid Conventions, 
the concurrence and co-operation of the Chiefs of the several ports siinated 
on the Arabian coast of the Persian Gulf are required, accordingly I, Syud 
Syf bin Humood, Chief of Sohar, with a view to strengthen the bomls of 





112 


Aralbia—Muscat— ISTo. XLVIII. 


Part II 


friendship existing* between me and the British Government, do hereby eng'age 
to prohibit the exportation of slaves from the coast of Africa and elsewlicre 
on board of my vessels and those belonging* to my subjects or dependants, 
such prohibition to take effect from the 29th Rnjut 1265, or the 2ist June 
A.JD. 1849. 


And I do further consent, that whenever the cruizers of the British 
Government fall in with any of my vessels, or fliose belonging to my subjects 
or dependants, suspected of being* engaged in the slave trade, they may 
detain and search them, and in case of their finding that any of the vessels 
aforesaid have violated the engagement by the exportation of slaves from the 
coasts of Africa, or elsewhere, upon any pretext whatever, they (the Govern- 
ment cruizers) shall seize and confiscate the same. 


Dated this til da^ of Jemmadeeood Alchir A.D, 1264, or %%)Ld day of 
May 1849. 


L. s. 


Syui) Syf bin IIumood. 


Approved by the Government of Bombay on 4th August 1849. 




MACULLA aijb SHEHB- 

Maculla and Slielir are tlie two principal ports on the southern coast 
o£ Arabia. Maculla is 250 miles north-east of Adeii; and Shehr is 20 miles 
distant from it. 

The slaves from Zanzibar and the Dankali coast were annually 
brought there. On 14th May 1863, Brigadier Coghlaii, the Political Besident 
at Aden, concluded an Engagement (No. XLIX.) with Sallah bin Mahomed 
of the Kasadee subdivision of the Yaffaee tribe, Nukeeb of Maculla, in wliich 
he agreed to abolish and prohibit the export and import of slaves. A precisely 
similar engagement was concluded on the same date with Ali bin Najcc, of 
the Kayatee subdivision of the same tribe, Nukeeb of Shehr. 

In 1866 Sultan Ghalib bin Muhsin, Chief of the Kathirccs, a Iludhra- 
maut tribe, expelled Ali bin Najee from Shehr and took j)ossession of the 
fort. At this time the inland town of Shibatn was held by the Kayat(‘e 
tribe, and their Chief Abdoollah being apprehensive that the capture 
of Maculla would follow that of Shehr, and that his commuaicaiion with 
the seaboard would be cut off, applied to his brothers who were in the 
service of the Hyderabad State for assistance against Sultan Ghalib l)in 
Muhsin. A request was preferred by the minister of the Nizam for the 
armed interference of the British Government on behalf of the rightful Chief 
of Shehr. Government however declined to interfere or to allow an armed ex- 
pedition to be fitted out by Arabs from the Indian coast. In April 1867 
Awadh bin Omar, better known by his Hj^derabad title of Sultan Nawaz 
Jung, a brother of the Kayatee Chief Abdoollah, after establishing a blockade 
on the sea coast, landed near Shehr, attacked Sultan Ghalib bin Muhsin, and 
on his flight obtained possession of the town. An attempt was made by the 
Kathiree Chief in December of the same year to retake the place, but he was 
repulsed by the Kayatees who have since remained in unmolested possession of 
the port and district. Application was made by the Kathiree Chief to the 
British Government for permission to recover Shehr by force, but it was 
considered undesirable to interfere. At the same time the Nizamis minister 
declared his readiness to prohibit any interference on the part of Hyderabad 
subjects in the affairs of Hadhramaut. 

Sallah bin Mahomed died in 1873 shortly after the conclusion of a Treaty 
(No. L.) with him, by which he engaged for himself, his heirs and successors, 
to prohibit the import or export of slaves to or from Maculla and its 

VII 15 



114 


Arabia— Maculla and Sliehr. 


Part II 


dependencies. He was succeeded by his son, Omar bin Sallab, who accepted 
an offer by the Kayatee Chief of Shehr to aid him in reducing tlie refractory 
Sheikh of Doan. I'aking advantage of his admission with 600 followers 
into the fort of Maculla, the Kayatee ChicO demanded payment of a debt 
alleged to have been due to him by the late Nukceb. It was finally arranged 
by Treaty* that the Nukeeb should cede one-half of Maculla, of Bunder 
Broom, and of the district of Hurshiyat in return for a payment of lakhs 
of dollars, from which however the debt due to the Kayatee Chief was to be 
deducted. In prosecution of this feud the Kayatees, with the aid of their 
relatives at Hyderabad, purchased a vessel and despatched her to Aden: she 
was detained there under the provisions of the Foreign Enlistment Act of 
1870, and not released until the Kayatee Chief had bound himself under a 


* AaEEEMENT niaclo between the Na-keeb of Maculla. and the Kayaxees. 

Praise he to God. 

On Wednesclay the 3rd of Rajah 1290 the Hononrahlcs Abdulla and Salih and Awadh, sons 
of Oinai’-bin-Awadh A1 Kayatee, purchased and became the owners of half of the Rundcr 
Maculla with all its fortifications and half of the Bundev Broom from Naked) Omor and Naked) 
Mohamed, sons of the late Nakoeb Sallah, for tlic sum of 10,000. Out of this was deducted 
$1,60,000 which was due by their father (the late Naked)) to (he Kayatee, the remaining $80,000 
was paid to them. The total value amouuts to $2,-‘l0,00(), half of wliich is 1,20,000. The above- 
mentioned Nakeeb Omcr and Naked) Mohamed, sons of the lat(( Nuked) Sallah, have already 
sold half of the Bunder of Maculla and half of Broom us has been said above with all thoiV 
rights internal and cxtonial. Thus sale is quite fixed upon those whose names have been mentioned 
above, viz.^ Abdullah and Salih and Awudh-hin Omcr. This sale has paid off all the debts that 
were upon the late Naked) Sallah-bin-Mahoined, there is nothing now remaining of this debt. 
If any claim is advanced it will be null and void. They have settled that Nukeeb Omcr is to be 
Governor of Maculla and to do justice according to the Mahomedan law, and to order for good 
and prevent evil, and not to oppress the subjects and others. If any quarrel shouhl arise among 
the seafaring men they are to he sent to those of their own class. In all eas(?s relating to law 
justice to he done according to the Mahomedan law. All mercantile cases to he sent to the 
merdumts for trial. Khairoolla, the slave of the late Nakeeb Sallah, is to do all work relating to 
the Bazaar. Nakeeb Omer is to govern according to justice in all small eases, and in cases of 
importance ho should consult with any one of the sons of ()iner-l)iu-Awadl)'. If all of tlieui are 
absent then to consult with their Agents. Nakoeb Omer cannot settle, anything without their 
consultation, nor can he write any coiTcspondoncc with the High Ottoman Government or its 
officers, neither to the English Government or its oflicors, also not with any otlnw power without 
consulting the Kayatcc''s people or their Agents. He, also cannot have interviews with any of- 
the ahovemciitioued governments without their or their Agent’s presence. I'lieir opinion and 
their voice should he one. Nakeeb Omer cannot do anything witliout their consultation. If 
he ivere to do violence to any person, the Kayatees or their Agents should give him advice. If he 
does not hoar their advice they can ])rcvent his acting without right. The Kayatec's can put 
their garrison in half of the Maculla forts and can also put their soldiers in the house called 
Najdee situated near the northern fort and the eastern fort and also in forts situated out of 
Maculla, : Bakanim and Thainaj, and Nakoeh Omer can keep his garrison in forts Nakaa 
and Decs and all the other remaining forts arc to he divided eiiually. The Kayatees can put 
their garrison in Bunder Broom on account of their half-riglit. Nukeid) Omer shouid give them 
bouse. The Kayatees can build houses for themselves and put clerks in the Custom House and 
the gate to keep accounts of exports and imports. All the revenue arising from the tax or other 
things is to he divided equally. The Kayatees can reside in the house of Naked) Abdulla for 
one year until he may build one for liiniself. These agreements for the sale have been jnado 



Part II 


Arabia — Mae alia and Shekr. 


135 


heavy penalty to send her at once to Bombay without touclung* at^ or under- 
taking' any operations against^ any of the ports of Iladhrainaut. This 
Chief further attempted to establish a blockade of Maculhi and board(](l 
native craft suspected o£ beings bound for that port. For the plunder of three 


witli eacli other’s consent without force and compulsion. The Niikeeh Onier and Nnkoeh Maliomed 
have got possession of the iimouiit of the value and have given permission to those men whose 
names have been mentioned below to be witnesses of this. 

JSFamefi of JFUnc6'ses\ 

Omer-bin- Salim Kousair, 

Sulman-bin-Awadh-bin Sharaf. 

Salim-bin-Abdulla-Salih-al-Kassadec. 

Omar Saliin-al-Kasadee. 

Mobamed-biii-Abdnl-Malik. 

Abdulla Synd-al-Kasadee, 

Saleli-bin-Ahmod. 

Abdul Habceb-bin-Saleli, 

Boobakcr-biu-Hosain Harluira. 

Ali-bin Ardan. 

Alimed-bin-Salih-al-Masawa. 

Ahmed-bin«SalIali. 

Mobsin-bm-Salili. 

Abdul Hubcob-bin-]Vrobamed-al“Kusadec. 

(Sd.) NAKEEB-OMKlMnN SAWAIt. 

„ 3^AK.IiKn-M mi AJM IJJ)“BJK-Sa LLAin 

]? raise he to Qod. 

On Wednesday, tl\o 3rd of llajab 1290, the llononrables Ahdullah, Salih and Awadh, sons of 
Omer bin J^\vadb-a.l-Ivayatee and Nakeeb Ouier and Nakeeb IVI uhaimul, sons of tlu' late Nakc'cb 
Sallal>> have Joined together to assist one anotlier and to obey the Mohaimalan law. 'riH‘y swear 
before God that each will behave lionestly towards the. other ami will order for good and jirevent 
evil. They should have one and tlie sainc friends and <me and t.h(\ saim* emmiii's. Mneulla is 
between tbe Kasudee and Ivayatee, 8bohr and Macnlla are one, and Uadliramuut and th(‘ sea-coast 
arc one. He who is an enemy to the Kuyutoes is an enemy of tlui IvasadeeH, and lus who 
is an enemy of the Kasadees is an enemy of the Kayatees, the one is not to give refuge 
to the enemy of the other; but if the Kayatees see that it is good to K(‘Ule with an enmny, 
he can do so. If the Kayatees have a claim against any one he is to gt't it if the things 
claimed are not burnt or destroyed. Ivayatees are to he as fathers and Kus.sa(UH*H to he us 
sons and attendants. The Kasadees are to obey the direetious of the Kayatei's. Both pnrtit‘s 
are one,^ and each should do good to the other and prevent evil. NuktieJ) ( hmn* is not to keep 
friendslup with the Katheerces and the Awlakees but thnjugU the ICayatctc's, 'fhe ugrtMunent 
that had been made between tlic late Naked) Sallah and Awadh bin Omer tlie Kuyatee is approved 
by Nakeeb Omer e^icept about the money mentioned iu the agreement which has'h(‘eu paid olT by 
the sale of the half of Macnlla which also is mentioned in the agreement. Both panics agreed 
without force and compulsion to this before God. 

(Sd.) Nakeeb OivrER bin Saeeah. 

„ Nakejsb Mauomejl) bin Sale All. 


Abdul Kader-hiu-Ali. 
Oiner-bin-Abdul M uttalib. 
Abdulhi-bin-Alimed Bai liirs. 

Abdulla. 

Salih-bin-Juher. 

Saliin-bin- Abdullah Jahwaree. 

Abdul- Kawei‘“hi ii-vSalim. 
Al)dul-JIaheeb-l)in" Al)dul-al”Kaya.tee. 
Boobaker-l)in- Abdul lab. 

Abdullah- hin-Saher. 

Agent of Huje(d>hoy Lulji'e. 
Daloohlioy Doosauee. 

Haj Kasim Soomar. 


Witnesses, 

Nakeeb Abdul Habeeb-ul-Kasadoc and others. 

We tbe undersigned agree to tins and we would go agjiinst those who would act contrary tt> 
the above agreement; but be who would call u.s shall he liable to the expenses according to 
custom. ® 

Signed by about thirty Shaikhs of the Upper Yaffacos. 



116 


Arabia— Maculla and Shelir. 


Part II 


sneli vessels lie was compelled to pay an indemnity o£ Rupees 6^142, and 
warned of the consequences of such interference with commerce in the future. 

The British Government has avoided interference or arbitration in the 
dispute between these Chiefs^ but with a view to putting an end to the 
continued supply of money and munitions of war to the contending parties 
by their relatives at Hyderabad^ and the consequent prolongation of the feud, 
assurances were received from the ministers of the Hyderabad State that 
persons in the service of the Nizam who might be convicted of taking part 
in the dispute would be dismissed. 

In 1873 a Treaty (No. LI.) was concluded with the Chief of Shehr, 
by which he bound himself^ his heirs and successors^ to prohibit the import 
or export of slaves to or from Shehr and its dependencies. 

The Nukeebs of Maculla and Shehr receive salutes of eleven guns each. 



Part II 


Arabia— Maculla and Shebr—- B*©. XLIX. 


117 


No. XLIX. 

Engagement entered into by the Nukeeb of Maculla for the Abolition of the Slave 

Til ABE. 

In the NAME of the Most Meeciful God, and Him we implore. 

The reason of writing this Bond is that influenced by motives of 
humanity and by a desire to conform to the ])rinciples on winch the great 
English Government is conducted, wc lend a willing ear to the proposals of 
our sincere friend, Brigadier ‘William Marcus Coghhin, (iovernor of Aden; 
that we shall covenant with him to abolish and prohil)it the ex})ort or import 
of slaves from or to any part of our territory to any other place in Africa, 
or in Asia, or elsewhere. 

Therefore I, whose name and seal arc set to this Bond, do in the sight of 
God and of men solemnly proclaim my determination to prohibit the export 
or import of slaves hy every means in my power. I will neitlier export nor 
import any myself, nor will I permit any snlrjc'cts to do so ; ami any vessel 
belonging to my subjects found carrying' slaves shall l)C sidzed and confiscated 
bfT me or by any ship belonging to Her Majesty the Queen of England, and 
the slaves shall be released. Peace. 

This covenant is to have effect at the expiration of one year from this 
date. Peace. 


(Sd.) SiLAH Mahomed. 

„ W. M. COOIILAK, 

Folhkal Resident^ Aden, 

Ai Macnlla-j \Mli May 1803. 

Witnesses : 

(Sd.) Omar ba Saltm Kaisan. 

„ H. Rassam, 

Auidant Political Residenl, 

Bated %Wi ZJiee Alhada 1279. 

A precisely similar engagement was concluded on the same dak^ witli 
Ali bin Nujee, the Nukeeb of Shclir. 


Approved and ratified by the Vicei’oy and Governor General on 29ih 
June 1863. 



118 


Arabia—Maculla and Shelir— 13'os. L. & LI. 


Part II 


No. L. 

Engagement entered into by tbe Nukeeb of Mactjlla for the Abolition of the Slave 

Tiiade in bis Dominions. 


Signed at Maculla^ 1th April 1873. 


Whereas under date 14tli May 1863, A.D. (25tli Dliil-kaada, 1279 A.H.), 
a solemn Agreement was entered into by me, Silah bin Mahomed, Nvikecb of 
Maculla, with Brigadier William Marcus Coghlan, covenanting* to abolish 
and prohibit the export or import of slaves from or to any part of my terri- 
tory, from or to any other place, whether in Africa or in xisia, or elsewhere. 
And whereas His Excellency Sir Henry Bartle Edward Erere, G.C.S.I., 
K.C.B., Her Britannic Majesty^s Special Envoy, has now impressed on me 
the advantages of adhering in perpetuity to the tetms of the said Agreement : 
therefore and accordingly, I, Silah bin Mahomed, Nukeeb of Maculla afore- 
said, on behalf of myself, my heirs and successors, do hereby solemnly confirm 
and engage to be bound by the terms of the aforesaid Agreement of 14m 
May 1863. 

Done at Maculla, this seventh day of the month of April, in the year 
of our Lord one thousand eight hundred and seventy-three. 

(Sd.) H. B. E. FiiERB, Special Eurog. 

,, SiLAii Mahomed. 

• JFilnesses : 

(Sd.) Lewis Petu^y, Colonel:, 

Fold, Resdt, in ike Feral an Gnlf, 

(Sd.) C. B. Euan Smith, Mnjor^ 

Ffivate Secy, to Sir B, Frcre, 


No. LI. 

Engagement executed by tbe Jemadar oe Shehr for tbe Abolition of the Import or 
Export of Slaves to and from tbe port of Shehr and its Dependencies. 

Tins seventeenth day of November, A.D. 1873, answering to the twenty- 
sixth day of Ramadhan A.H. 1290, I, Abdoollahbin Omar A1 Kayatee, Ruler 
of Shubur, engage with the Great English Government to abolish and 
prohibit the import and export of slaves to or from the port of Shehr and all 
the dependencies thereof from or to any other place in Africa or iVsia or 
elsewhere; and whereas His Excellency Sir Henry Bartle Edward Erere, 
G.C.S.I., K.C.B., tier Britannic Majesty^s Special Envoy, lias impressed upon 
me the advantage of adhering in perpetuity to tlie terms of the agreement 
entered into by Ali bin Najee, Nukeeb of Shubur, with Brigadier William 



Part II 


Arabia— Maculla and Shebr— No. LI. 


119 


Marcus Coghlan^ on the 14th day of May^ A.D. 1863^ answering to the 
twenty-fifth day of Dhil Kaada^ A.H. 1279^ thereof^ I and my brothers^ 
Awadh and Saleh^ on behalf of ourselves^ our heirs, successors, do hereby 
solemnly confirm and engage to be bound by the terms of that Agreement. 

(Sd.) Abdoolla bin Omab Al Kayatee, ] 

AwuzbinOmau Al Kayatee. L (in Arabic.) 

Sultan Nooe Ahmed Baiiadooe. j 

(Sd.) W. P. Peideaux, (Sd.) J. W. Scitneidee, Bri^)\-GenL, 
Asstt. Hesideuty Aden. FoUL Itesident at Aden, 

(Sd.) Noethbeook. 

Ratified by His Excellency the Viceroy and Governor-General of India, 
^ Calcutta, on the eleventh day of Pebrualy 1874. 

(Sd.) C. U. AiTcmsoN, 

Sec^, to the Govt, of India ^ Forelg^i Dept, 





ADEN. 


From original gjapers in the Foreign Office and a Memorandmn hy Captain 
JF F. Frideaux.^ Assista^it to the Resident at Ade?i, 

On the expulsion of the Turks in 1630^ the greater part of Southern 
Arabia fell into the hands of the Imams of Senaa. In 1735 the latter were 
in turn expelled from Aden and other districts hy the native Arab tribes who 
assumed independence. 

The following are the principal tribes near Aden with which the British 
Government has Treaty relations. 

Aldalees, — The district inhabited by this tribe is known as Lahej and their 
Chief as Sultan of Lahej : it extends from the northern shore of Aden harbour 
in a north -north -westerly direction toZaida^a village 31 miles from the barrier 
gate at Aden^ thence the boundary bending eastward and southward includes 
the villages of Majhaffia and Fyoosh and passing between those of Sheikh 
Othman and Imad meets the sea a mile or two east of Khor Maksar. 

The Abdalees are the most civilized but least warlike of all the tribes 
in south-western Arabia^ and but for^the protection frequently afforded to 
them by the British Government would probably have ceased to be a separate 
community. ^ 

The first political intercourse with the Chiefs of Aden took place in 
1799^ when a naval force was sent from Great Britain with a detachment 
of troops from India to occupy the island of Perim and prevent all com- 
munication of the French in Egypt with the Indian Ocean by way of the 
Red Sea. The island of Perim was found unsuitable for troops, and the 
Sultan of Lahej, Ahmed bin Abd-ool-Kureem, received the detachment 
for some time at Aden. He proposed to enter into an alliance and to grant 
Aden as a permanent station, but the offer was declined. A Treaty (No. 
LII.), however, was concluded with the Sultan in 180^ by Admiral Sir Home 
Popham, who was instructed to enter into political and commercial alliances 
with the Chiefs on the Arabian coast of the Red Sea. 

From that time there was little or no intercourse with Aden till 1837, 
when attention was drawn to the plunder and maltreatment of the crew of 
British vessels wrecked on the Aden coast. The most notable case was the 

16 


VII 



122 Arabia— Aden— Part II 


plunder of the Bena Dowlut, the crew of which were stripped and most 
barbarously treated. Captain Haines^ who was then employed in the survey 
of the Arabian coasts was instructed to demand satisfaction. He was at the 
same time to endeavour to purchase Aden as a coaling depot for the steamers 
plying between India and the Red Sea. Sultan Muhsin^ who had suc- 
ceeded his uncle Sultan Ahmed in 1827, at first denied all participation in 
the plunder, but finding the British Commissioner firm in his demands, he 
eventually consented to give up part of the property, and pay compensa- 
tion for the rest. A draft Treaty for the cession of Aden was laid before 
the Sultan, to which he verbally gave his consent and promised formally 
to agree after consulting his Chiefs. In this draft the amount of compensa- 
tion to be paid for Aden was left undetermined, but it was afterwards arranged 
that an annual payment of 8,700 crowns should be made. On 22nd January 
1838 Sultan Muhsin sent a letter under his seal,* engaging, after two months, 
to make over Aden, but stipulating that the Sultanas authority over his 
people in Aden should be maintained after the cession. To the continuance 
of the Sultanas jurisdiction the British Agent objected. The Sultan replied 
that he was willing to abide by the terms first offered, but if these were not 
accepted, his letter of 22nd January should be returned to him. Negotia- 
tions were at this stage when a plot was laid- by Ahmed, the Sultanas son, 
to seize the Agent and rob him of his papers. Delivery of the property 
stolen from the wreck of the Beria Bowlni was also refused ; preparations 
were therefore made to coerce the Suifcan. On 19th January 1839 Aden was 
bombarded and taken, and the Sultan and his family fled to Lahej. On 2nd 
I'ebruary peace (No. LIII.) was made in the Sultanas name by his son- 
in-law, and on 18th June the Sultan himself signed a Bond (No. LIV.) 
engaging to maintain peace and friendship with the British Government, who 
agreed to pay him and his heirs 6,500 German crowns a year, and likewise to 
pay the stipends which the Sultan was bound to give to the Fadhlee, Yaffaee, 
Howshabee, and Ameer tribes. Peace, however, was soon after broken, by 
an unsuccessful attempt which Sultan Muhsin made in November 1839 to 


^ At pages 282 and 283 of a Collection of Treaties published by Mr. Hughes Thomas in 
1851 under the authority of the Government of Bombay, an extract from a letter of the Sultan 
of Lahej, dated 23rd January 1838, is given, which purports to complete and conclude the trans- 
action for the transfer of Aden to the British Government. The facts, however, are, as stated 
in the text, that in the sequel of the letter the Sulfcan desired that the negotiations should be 
broken off if his jurisdiction in Aden were not admitted; and the bargain, owing to the subse- 
quent course of events was never concluded. The title of the British Government to Aden rests 
exclusively on conqiiest, and not on purchase. 



Part II 


ATeibiSL— Aden— Ahdalees. 


123 


retake Aden^ and the payments were therefore stopped. A second attack 
made in May 1840 was also unsuccessful, and the repulse of a tliird attack in 
July of the same year completely disheartened the Arabs for a time. In LStJ 
Sultan Muhsin came to Aden and sued for peace. An Engag’cmcnt (No# 
LV.) was made on 11th February 1843, which the British Govennneiii 
considered in the light of an agreement to be observed between tlu; Political 
Agent and the Sultan, but not of a Treaty to be formally ratified. In 
February 1844 a monthly stipend of 541 crowns was restored to the Sultan with 
a year's arrears, and before paying it, another Agreenient (No. LVI.) 
was taken from him, binding him faithfully to observe his engagements. 

Sultan Muhsin died on 30th November 1847 leaving nine sons : be was 
succeeded by his eldest son Ahmed, who died on 18th January 1841), when 
his next brother Ali bin Muhsin succeeded. Shortly after his accession to 
power a Treaty (No. LVII.) of peace, fricndsliip, and commerce wliitrh 
was under negotiation with his predecessor was concluded with him. Among 
its other provisions this Treaty stipulated for the restoration of the mouildy 
stipend which had been stopped in consequence of the share taken by Sultan 
Muhsin in an attack on Aden in August 1846. 

Sultan Ali bin Muhsin died on 7th April 1863. Ilis son Padhl hlti 
Muhsin was elected . by the tribes and elders to succeed him in the gewern- 
nrent, but no sooner had he assumed^ the management of affairs tluin 
intrigues were set on foot by other members of the family with a view to bis 
displacement. Ultimately an arrangement was effected through the mediation 
of the Resident at Aden, and with the consent of the young Chief, by whicli 
he was succeeded in the government of the country by his uncle Fmlld bin 
Muhsin, fourth son of Sultan Muhsin, For tlio assistance reiulcnal by 
Sultan Fadhl bin Muhsin in supplying forage and means of transport for tliii 
troops employed against the Fadhlee tribe in 1865, he was presented with 
5,000 doUars. 


In 1866 the Chief consented (No. LVIII.) to the construction of mi 
aqueduct, for the supply of water from the Sheikh Othmaii wclk to Aden, a 
distance of six miles. 

In 1873 in consequence of tbe repeated applications by the Sultan of 
Labej for the protection of the British Government against tho Turks, who 



124 


Arabia— 


Part II 


had demanded his submission^ had occupied a part of Zaida and Shuka, 
and had sent troops to support his rebellious brother Abdoollah, a force of 
British and Native infantry with three guns marched to El Hota^ the 
capital of Lahej^ to protect the Sultan. After some negotiations the 
Turkish troops evacuated Lahej and Shuka^ the Sultanas two brothers and 
nephew surrendered unconditionally and were conveyed as State prisoners 
to Aden while their forts were dismantled. They were subsequently released 
and retired to Mocha. Sultan Fadhl bin Muhsin died in July 1874^ and 
was succeeded by his nephew Fadhl bin Ali^ who had resigned the Chiefship 
in his favour in 1863. The paynaent of the usual annual stipend of dollars 
has been continued to the present Chief. 

The total population of Lahej may be estimated at 8^000 souls. The 
revenues of the State, which are estimated at Rupees 45,000 per annum, are 
derived from a land tax, from transit duties, and from monopolies farmed by 
the Sultan to the highest bidders. 

Fctdhlees . — The Sultans of Lahej had been in the habit of paying 
annually sums of money to the neighbouring^- tribes through whose territory 
the trade of the country passed, and these payments were continued by the 
British Government on condition of the Chiefs remaining in friendly alliance. 
From the weakness of the character of Sultan Ali Muhsin of Lahej, through 
whom it was the early policy of the Agent to transact all business with the 
Arabs of Aden, the neighbouring tribes ventured for some years to perpetrate 
a series of atrocities upon individual British officers and others, which the Sultan 
was quite unable to prevent or punish. His efforts, indeed, to procure compliance 
with the demands of the British Government for satisfaction for these out- 
rages brought on him the hostility of his rivals the Fadhlee tribe, who had 
sheltered some of the murderers, and who endeavoured to stir up some of the 
neighbouring tribes to hostility with the British. The Fadhlees, with whom an 
Engagement (No. LIX.) was concluded after the capture of Aden, are 
one of the most powerful and warlike tribes near Aden. Their possessions 
lie to the north-east of that settlement, and extend for a hundred miles along 
the eoast from the eastern limits of the Abdalees to the western boundary of 
the Owlakees. The stipend of the Fadhlee Chief was stopped till he should 
expel the criminal who had taken refuge with him. This he did, and on the 
restoration of his stipend, he voluntarily signed an Agreement (No. LX.) 
to protect the roads from Aden through his territory. The owerlessness of 



Part II 


Arabia— Aden — FadMees, 


125 


the Sultan of Lahej, however^ to prevent or punish these crimes led to a change 
in the policy of dealing with the tribes and to the commencement of inter- 
course with the Chiefs direct instead of through the Sultan of LaheJ. 

For some years after this the conduct of the Chief;, Ahmed bin Abdoollali, 
was satisfactory. jBy his behaviour at the wreck of the StaleUeiw January 
18.64 he earned the approbation of the British Government; but sooti after- 
wards either from dissatisfaction at the amount of the reward granted to him 
for his services on this occasion or out of jealousy at the intimacy of British 
relations with the Sultan of Lahej; he resumed his attitude of f>ersist.cut 
hostility. Within gunshot of the fortifications of Aden he plundered a 
caravan, and assembled a large force with the object of destroying the 
corps of the Ahdalees and defying the authority of tlie British Government. 
A small force was accordingly despatched against him in December 
1865; he was defeated and compelled to seek safety in flight while the 
troops entered the Fadhlce country and destroyed several villages. The 
seaport of Shoogra was at fix’st spared in hopes that the punishment alrc^ady 
administered would prove sufficient. But some farther outrages having been 
perpetrated by the Fadhlees, a small force left Aden, destroyed the forts inland, 
and returned within three days, thus showing tlie Fadhlees that they could be 
approached by land or by sea with equal facility. It was determiued that either 
the Chief or his son should enter Aden and tender unconditional sulimissioii 
before friendly relations could be resumed. All other overl.ures were detflined, 
and in March 1867 a letter was received from the Chief stating his wish to 
send his elder son to tender the submission of the tribe, A safe eomhiet was 
granted, and finally a Treaty (No. LXI.) embodying the prescrilxnl t(‘rins was 
signed by the Chief, the Resident agreeing on the part of tlie British Goveim- 
ment that the past should be forgotten. This Treaty has been authoritatively 
declared to be the only one now in force. In accordance wiili Article 4 ^ a 
relation of the Chief was deputed to reside in Aden as a permammt hostage, but 
on his death, in 1870, this Article was allowed to remain in abeyance, 
Tbe stipend of the Fadhlee Chief was shortly afterwards raised from 80 dollars 
to 100 dollars per mensem. Sultan Ahmed bin Abdoollah died in February 
1870 and was succeeded by his eldest son, Ilaidara, the present Chief, now about 
thirty-nine years of age. 

In 1872 the Chief agreed (No. LXII.) to abolish transit duties on 
goods conveyed to and from Aden through his territories. 



126 


Arabia — Aden — Ahraiees, Ovolakees, 


Part II 


The revenue is about ^0,000 Eupees per annum^ and is principally derived 
from the land which is looked upon as the property of the Sultan. The 
population amounts to about 6^800 fighting men. 

Akrabees . — The Akrabee tribe are a sub-division of the Abdalees, who^ 
under Sheikh Mehdi^ threw off allegiance to Abd-ool Kureem of Lahej and 
became independent. Their residence is at Bir Ahmed and the harbour of Jebel 
Ihsan or Little Aden. An Engagement (No, LXIII.) was concluded with 
their Chief; Sheikh Haidara Mehdi; after the capture of Aden^ which was adhered 
to until the date of the third attack upon the fortress in July 1840. Thence- 
forward for many years their attitude was one of hostility. In 1850 they mur- 
dered a seaman of the Auckland. This necessitated the blockade of the port 
of Bir Ahmed; which continued for several yearS; and friendly relations with 
the tribe were not resumed till 1857; when the Chief of the Akrabee tribe 
renewed (No. LXIV.) his profession of peace and good will. In 1863 
an Agreement (No. LXV.) was made with him, in which; for an imme- 
diate payment of 3,000 dollars and a monthly stipend of 30 dollars, he engaged 
not to sell; mortgage, or give for occupation, save to the British Government, 
any portion of the peninsula of Little Aden. 

These terms were not considered entirely satisfactory by the Home 
authorities, and the Resident was instructed to treat for the complete and 
unreserved acquisition of the peninsula. After tedious negotiations, which were 
further protracted by the necessity of investigating the claims of other tribes 
to this territory, the purchase was concluded (No. LXVI.) on 2nd April 
1869 for a sum of 30,000 dollars, the stipend of the Chief being at the same 
time raised to 40 dollars per mensem. 

The Akrabees inhabit the coast line from Bir Ahmed to Ras Imran : 
inland their territory extends to an undefined point between Bir Ahmed and 
Wahat. They can muster about 300 fighting men. The present Chief, 
Abdoollah ba Haidara Mehdi, is about thirty-seven years of age. His 
revenue amounts to Rupees 2,000 per annum. 

Owla'kees.—ll\^ tribe is divided into two sections, the Upper and the 
Lower Owlakee, each under an independent Chief. 

They inhabit the tract of country stretching from the Fadhlee boundaries 
to those of Hadhramaut to the south of the Yaffaees and the eastward of the 



Part II 


Arabia— Aden— 


127 


AkrabeeSj including the whole coast line^ a distance of about sixty miles^ fiom 
Howr to the boundaries of the Dthiaibees. 

The Chief of the Upper Owlakees is Sultan Awadh bin Abdoollah. 
The Lower Owlakees, who number about 15,000 souls, are subject to Sultan 
Boo Bekr bin Abdoollah, whose principal residence is at the seaport of Howr. 

In October 1855 the Eesident at Aden entered into an Engagement 
(No. LXVII.) with Sultan Munassar bin Boo Bekr Mehdee of the Lower 
Owlakee tribe, by which tbe latter bound himself to prohibit the importation 
of slaves into the country from Africa. He was murdered by his son, 
Abdoollah, in July 1863, and was succeeded by his cousin, the present Sultan. 
The authority of this Chief over his tribe is somewhat limited, and he has 
not always been able to prevent the plunder of vessels wrecked on his coast.. 
In 1871 he bound himself by an Engagement (No. LXVIII.) to use his 
best endeavours to prevent such outrages in future, and to protect and if 
possible convey to Aden any shipwrecked seamen who might stand in need of 
his assistance. 

Suhaihees , — The large tribe of the Subaihees occupy the country border- 
ing on the sea from Ras Imran to Bab-el-Mandeb, They own allegiance to 
no paramount Chief, but are divided into a number of petty clans. They have 
a high reputation for courage, but it is dimmed by their character for treachery 
and love of plunder. After the capture of Aden several Engagements (No. 
LXIX.) were entered into with the petty Chiefs of this tribe. Until 1871 
the only Chiefs enjoying stipends from the British Government were the 
heads of the Dubainee and Rijaee clans, but in that year the Mansooree clan 
attacked and plundered a caravan coming into Aden. A detachment of the 
Aden Troop, which had been raised in 1865 for police purposes, mm despatch- 
ed against them, and an action ensued in which one of the Chiefs and most 
of his party were killed. Eventually the Subaihee Chiefs came into Aden and 
tendered their submission : they also entered into Engagements (No. LXX.) 
to preserve the peace of the roads, to restore plundered property, and to 
abolish transit duties and taxes on the roads passing through their territo- 
ries. The Engagement (No. LXXI.) with the Makhdoomoe section of the 
tribe was also signed by the Mansooree Chief, as the latter possessed a lien 
upon a certain portion of the tolls levied on goods passing through the 
Makhdoomee territory. 

A separate Engagement (No. LXXII.) was made with the Atafce sub- 
division of the tribe, by which they agreed to afford protection to shipwrecked 



128 


Arabia — Aden — Yaffaees, Soivshabees. 


Part II 


seamen of any nation^ and to protect and send to Aden deserters from the 
garrison and shipping. 

The population of the Subaihees is estimated at 20^000 and the revenue 
at Eupees 7^000 per annum. 

Tafaees. —This tribe is divided into two sections, the Lower and Upper 
Yaffaees. Their territory inland is very extensive, but the maritime districts 
east of Aden which formerly belonged to the tribe and extended to the frontiers 
of Hadhramaut were wrested from them by the Eadhlees shortly before the 
capture of Aden. Soon after the capture of Aden an Engagement (No. 
LXXIII.) was entered into with Sultan Ali bin Ghalib, Chief of the Lower 
YafPaees, similar to that concluded with the Abdalee and Fadhlee Chiefs and 
has been loyally adhered to. 

Sultan Ali bin Ghalib died in 1841 at a great age, and wa§ succeeded by 
his son, Ahmed bin Ali. 

Hostilities broke out between the Yaffaees and the Fadhlees in the year 
1873, in consequence of the Yaffaee Chief having repudiated an engagement 
concluded on his behalf by his son and in the presence of the Eesident at 
Aden, whereby he had consented to accept a royalty of 25 dollars per annum 
from the Fadhlee Sultan for the use of water for irrigation. For this breach of 
faith the stipend of the Yaffaee Chief was temporarily withheld, Sultan 
Ahmed bin Ali died in October 1873, and was succeeded by his son, Ali bin 
Ahmed, now thirty-six years of age. 

The Yaffaees are said to number 35,000 fighting men : their supposed 
gross revenues amount to Rupees 20,000 per annum, and are derived principally 
from a tax of 10 per cent, on produce. Neither of the Yaffaee Sultans levies 
transit duties on goods passing through his territories. 

EoivsJiahees . — On 14th June 1839 an Engagement (No. LXXIV.) was 
entered into with Sultan Mana bin Salam of this tribe of the same tenor as the 
Abdalee, Fadhlee, and Yaffaee bonds. Sultan Mana bin Salam, though more 
than once invited by the Abdalee and Fadhlee Chiefs to join them in their attacks 
upon Aden, steadily declined their overtures. He died in June 1858, and was 
succeeded by his nephew, Obeid bin Yehya, during whose rule friendly relations 



Part II 


Arabia^Aden— 


129 


were uninterruptedly maintained with the Howsliabees. Oheid bin Yebya died 
in 1863^ and was succeeded by his cousin^ Ali bin Mana^ the present Chief, who 
is thirty-nine yeai’s of age. The relations of Sultan Ali bin Mana with the 
neighbouring Chiefs have been the reverse of cordial. In 1868 he cut off the 
supply of water from a rivulet which irrigates the Lahcj territory and 
destroyed the crops on lands belonging to the Sultan of Laliej who accordingly 
marched against him. An action ensued in which the Howshabee Chief was 
defeated. In payment of the loss suffered by the Sultan of LahoJ, Sultan 
Ali bin Mana ceded to him the town of Zaida and its lands which had formerly 
belonged to Lahej, and the dispute was temporarily settled by the friendly 
intervention of the Resident. In October 1869 the Howshabee Chiefs stiixynd 
was stopped in consequence of the outrages committed by him on the Aden 
road ; the proximate cause of this misconduct was the tenure of Zaida l)y 
the Sultan of Lahej, who was therefore induced to make over to his rival a 
small portion of that district. The Howshabee Chief was not satisfied, and 
in 1873 commenced intriguing with the Turkish authorities at Taizz in the 
hope of thereby regaining possession of Zaida. Supported by Turkish troops 
he held for some little time a part of Zaida, but on their withdrawal from the 
neighbourhood of Lahej was compelled to retire. The Sultan was induced by 
the Resident to renew his offers of a portion of Zaida to the Howshabee Chief, 
hut as the latter insisted on receiving the fort of Shuka which commands 
the rivulet and consequently the supply of water to Lahej, the negotiations 
came to a close, and the Chiefs were left to settle their dispute themselves. 


The Howshabee district is bounded on the south by the Abckleo, on the 
east by the Yaffaee, on the north by the Alawee, and on the west by the 
Subaihee country. The tribe numbers about 2,000 fighting men : there is also 
an independent section of the tribe known as Howashib al Haroor, who live on 
the confines of the Yaffaee territory and muster about 1,000 fighting men. 
The revenue amounts to Rupees 1,000 per annum. 


Alawees . — The district occupied hy the Alawee tribe is situated to the 
north-west of the Howshabee country. No separate engagement was 
entered into with this tribe after the capture of Aden, but the Chiefs stipend 
was secured through the intervention of Sultan Mana bin Salam of the 
Howshabee tribe (No. LXXV.). 

VII 


17 



130 


Arabia— Aden— 


Part II 


In 1873 a bodj of the Turkish troops marched through the Alawee 
country and compelled the Chief Sheikh Shayif bin Saif who had refused to 
tender allegiance to the Turkish authorities at Taizzj to give in his submission, 
and to surrender his son as a hostage. The latter was eventually released 
in consequence of the remonstrances of Her Majesty^s ambassador at 
Constantinople. 

Sheikh Shayif bin Saif died in March 1875, and was succeeded by his 
nephew, Saeedbin Salih, the present Sheikh. The annual stipend of 60 dollars 
received by the late Chief is continued to his successor. 

The Alawees muster about 1,500 fighting men : the revenue which 
amounts to Eupees 6,000 per annum is chiefly derived from transit duties. 

Ameers . — This tribe occupies the district north-west of the Alawee 
country on the high road to Senaa. The ancestors of the present Chief 
are said to have been Muwallads, or half-caste slaves of the Imams of 
Senaa, and to have established themselves as independent at Zhali about 
the beginning of the last century. 

Under an Engagement (No. LIV.) entered into with the Sultan of 
Lahej in 1839, 108 German Crowns are annually paid to this Chief. 


On the death of the late Chief, Shafil bin Abd-ool Hadi, in 1872, his 
nephew, Ali bin Mookbil, was recognized by the British Government as 
his successor. In the following year he was required by the Turkish authori- 
ties to make his submission to the Porte, a Turkish Superintendent was 
appointed to Zhali, a detachment of Turkish troops was quartered there, and 
the Chief was required to give a hostage for his good behaviour who was 
to reside at Taizz. He was afterwards summoned by the Turks to Kattaba 
and imprisoned there but effected his escape. Mahomed bin Mussaad who had 
been appointed Chief by the Turks in the place of his nephew, Ali bin Mookbil, 
was killed, and his son, Abdoollah bin Mahomed, was recognized by them as 
his successor. Ali bin Mookbil has as yet been unable to recover his position, 
though orders were sent by the Porte to the Turkish Governor- General of 
Yemen in June 1874 to withdraw the troops which occupied Zhali. 



Part II 


Arabia— Aden— 


131 


The following is a list of Chiefs in. the neighbourhood of Aden who 
receive stipends from the British Government : — 

Sultan Padlil bin Ali al-Abdalee 
Sultan Haidara bin Abmed al-Eadlilee 
Sbeikli Abdoollali ba Haidara al-Akrabeo 
Sultan Ali bin Mana al-Howsbabee 
Sbeikli Saeed bin Salih al-Alawee 
Ameer Ali bin Mokbil 
Sultan Ali bin Ahmed al-Yaffaee 
Sheikh Salim bin Abdoollah ar-E.ijaee 
Sheikh Abdoollah bin Khadhr al-Mansooree 
Sheikh Nasir bin Saeed al-Makhdoomee 

Tlie Abdalee and Fadhlee Chiefs are entitled to salutes of nine guns caelu 

Since the capture of Senaa by the Turks in 187^; the British Govern- 
ment has on more than one occasion found it necessary to assert and uphold 
the independence of the stipendiary tribes round Aden a^inst interference on 
the part of the Ottoman officials. 


Annual Rtipend ia 
CJcnnau Crowns. 

(V.192 

1,200 

480 

(548 

300 

50 

250 

« 480 

I 300 

i 300 



Part II 


Arabia— Aden LII, 


133 


No. LII. 

His Excellency the Most Noble the Maequis Wellesley, Knight of the Most 
Illusteious Oedee of St. Pateick, one of His Majesty’s Most Honoueable 
Peivy Councilloes over all the Beitish Possessions in the East Inbies, being* 
desirous of entering into a Teeaty of Amity and Commeece with Sultan Ahmed bin 
Abdool Kueeem, Sultan of Aden and its dependencies, has named, on his part, 
SiE Home Popham, Knight of the Most Soveeeign Oedee of St. John of Jejiu- 
SALEM, and Ambassadoe to the States of Aeabia ; and the said Sultan has named 
Ahmed Basaib, Peince of Aden, who having both met, and being satisfied with each 
other’s powers, have agreed to the following Articles for the mutual beneht of their 
respective nations, but subject to the final ratification of His Excellency the Most 
Noble the Goveenoe GENEEAL^of India : — 

Article 1. 

That there shall be a commercial union between the Honoiirahle the East 
India Company, or §ueli British subjects as may be authorized by the 
Governor General of India, and the subjects of Sultan Ahmed Abdool 
Kureem, 

Article 2. 

The Sultan agrees to consider the ports of Aden as open for the reception 
of all goods brought on British ships, which goods or merchandize are to pay 
a duty of two per cent, and no more, for the space of ten years, on tlie invoice 
or manifest of the goods, and no other charges whatevo' are to be exacted for 
anchorage, weighing, or custom-house fees, by the Sultan or any of his 
Ofldeers. 


Article 3. 

After the aforesaid term of ten years is expired, then the diiiios are to 
be raised to three per cent, and never to be made hioher by tli (3 Sultan his 

heirs and successors, on pain of forfeiting the frieiulship and <‘omnu‘reial inter 
course of the British nation. The Sultan also binds himself not to make anv 
other charges whatevei) of anchorage, weighing, or custom-house fees, under 
the penalty before mentioned. 

Article 4. 

The same duties of two per cent. , for the first ten years, and three ner 
cent for ever after, are also to be paid on all goods exported from Aden evl, .-I 
are the produce of the Sultan's territories, or the country surroundin'./ then^ 
and no other charges .or demands whatever arc to be made on those goods by 
the Sultan or any of his Officers. oy 


Article 5. 

If, however, any goods are purchased by the Ilononrahle the Oomn-mv 
or any British subjects m the town or the port of Aden, the ifrodnee of Af - S’ 
Abyssinia,, or any other country, not in the possession of the Sultan then n > 
duty IS to he paid, as it is to be considered that such goods have paid a duty 



134 


Arabia — AdLen—Aldalees—lSio, LII. 


Part II 


on tbeir first being landed, and consequently tbe Sultan agrees that they shall 
not pay duty a second time. 


Article 6. 

The British subjects who use the ports of Aden shall have the privilege 
of transacting their own business^ and not be obliged to commit it to the 
arrangement of any other person, nor forced to use any broker or interpreter 
whatever, unless they shall please to do so j and then such broker or inter- 
preter to be a person of their own choice, and not subject to any control on 
the part of the Sultan. 


Article 7. 

It shall be lawful and free for the subjects of the British nation to make 
over their property to whomsoever they please, without any control, either in 
health or in sickness ; and if any person, being a British subject, should die 
suddenly and without a will, then the whole of his property, after paying 
his just debts to the subjects of the Sultan, is to be vested in trust in the 
hands of the British Resident, to be transmitted by* him to the Supreme 
Government, or any other Presidency, for the benefit of his family and his 
lawful heirs. 

Article S. 

That no dispute may hereafter arise about the person claiming the pro- 
tection of the British flag, whether European or Native, a Register shall be 
kept of all the British subjects residing at Aden, where every person having 
a certificate from either of the Presidencies in India shall, by that certificate, 
be registered in the Office of the Cadi and the British Resident, and if he 
fails to register himself, he shall not be entitled to the benefits contained in 
the seventh Article. 

Article 9. 

The benefit resulting from the seventh Article is to be considered a^ 
extending to any travelling merchants, or supra cargoes, being sul)jects of 
the British Government, and the crews of all the ships navigating under the 
British flag, upon a certificate being produced from the Commander of such 
ships to wbieh they belonged at the time of making a will, or dying without 
one. 


Article 10. 

The Sultan binds himself, his heirs and successors, to give every assist- 
ance in his power to recover the debts due from any of his subjects to the 
British subjects ; and that after three months from the time that any 
British subject shall send his demand to the Cadi for his assistance and prove 
a just debt, that then, if it is not paid, the Cadi shall have the power to order 
the property of the debtor to be seized and sold for the benefit of the creditor, 
but if the person owing the debt to the British subject has iio property, then 
the Cadi shall confine him in gaol till some arrangement is made which is 
satisfactory to the British Government. 



Part II 


Arabia— Aden — Ahdalees—lSo. LII. 


135 


Article 11, 

If any disputes arise between registered British subjects^ they are to be 
referred to the British Resident;, who is to give his award according to the 
best of his judgment^ founded on the laws of his own country. This award 
to be final in any case not exceeding two thousand dollars ; but above that 
sum it is to be subject to an appeal in the different Presidencies of India. If, 
however, either party refuses to comply with this award, then the Saltan is 
to give power to the Cadi to imprison the party, according to the re(|uest of 
the Resident. This Article is introduced for the purpose of establishing’ the 
most perfect regularity and harmony between the registered subjects of the 
British nation and those of the Sultan. 

Article 12. 

All disputes between the subjects of the Sultan and those of the British 
nation are to be settled by the established laws of the country. 

Article 13. 

The Sultan agrees, for the consideration of dollars, to give over a 

piece of ground on the west side of the town, of yards hy ynr<ls, 

for the use and purpose of the British nation, on which tlie Coin]>any may 
erect any house or building, and completely wall it in, if it shall i>c judged 
necessary to do so ; and the Sultan agrees to prevent any building whah^ver 
from being made within twenty yards in front of the said Company's wall, or 
fifteen yards on either side. 


Article 14. 

The British nation not to he subject to any indignities, and if) liave free 
permission to enter the town by any gate or direction, and ride, or use, without 
the least molestation whatever, cither horse, mule, ass, or any other beast 
which they may think proper. 


Article 15. 

If any soldier or British subject, not being a Maliomodan, Bhoidd desc^rt 
and go to th^ Cadi or other Officer of Government and offer to embrace the 
Mussulman religion, then the Cadi is to make a report to the lUmhni, that he 
may claim him as a British subject ; but if no claim is made after the expira- 
tion of three days from the time the report is made by the Cadi, or other 
Officer, he is to act as he pleases with the person who so ^deserts from his own 
country. 

Article 16. 

The Sultan to give over a peace of ground as a public buryitiig place for 
all the British subjects who may die in the territories of the Sultan, uml no 
charge to be made for the interment of any person except such as shall be 
agreed on for those who assist in the funeral. 



136 


A.Td^iOi—A.d.QlOL’-Aldalees—TSo, LIII. 


Part II 


Auticlb 17. 

Any other Articles which may be proposed by ’either of the parties and 
mutually agreed on may be hereafter entered in this Treaty, and the Ambas- 
sador on the part of tlie British G-overnment is ready to convey any further 
proposition from the Sultan to the Governor General, or enter into a contract 
for the purchase of any quantity of coffee, or the delivery of any British 
goods, on the prices which may be mutually agreed on. 

The above-written seventeen Articles of Treaty, having been read and 
mutually considered by the plenipotentiaries on both sides and the Sultan, the 
Sultan has put his hand and seal to a true copy in Arabic, and the British 
Ambassador has set his hand and seal to this English copy, on board of His 
Majesty^s Ship the Rmney in Aden Roads this 6th day of September 180^. 

(Sd.) Home Popham. 


No. LIIL 

Treaty of Friendship between the Abdalees and Enolish signed by Sultan 
Muhsin’s accredited Agent and son-in-law. 

Bismillah Ir-Rebman Ir-Rehim Be Minnet Allah ! 

From this day and^ the future, Syud Mahomed Houssain bin Wais bin 
Hamed Suffrain gives this promise to Commander Haines, gentleman, on his own 
head in the presence of God, that there shall be friendship, and peace and every 
thing good between the English and Abdalees. I promise no wrong or insult 
shall be done, but it shall be peace and the British Government agree to the 
same. Sultan Muhsin and all interior Sultans agree to this, and I am 
responsible, all those even on the roads to the interior shall be kept from 
molesting any one by me, as they were when Sultan Muhsin possessed 
Aden. This is agreed upon between me and Commander Haines on the part 
of Government, and I promise to do even more than I have hitherto done, 
please God. I require respect from Commander Haines in return, and more 


than before if possible. 

(Sd.) 

Syud Mahombd^ Houssain bin Wais. 

17th Zilkadah, 


Hassan Khateeb. 

Ind Fehmary 1839. 


S. B. Haines. 

Treaty between Sultan 

Muhsin and 

his Children and the English through his 


accredited Agent. 

This Treaty is formed between Syud Mahomed Houssain and Hassan 
Khateeb on account of the Sultan of Lahej and Commander Haines, the Agent 
to the Government, 



Part II 


Arabia— Aden— -No. LI V . 


137 


On the word and promise of Sultan Muheiin;, I promise tliat no 
insult or molestation shall take place on the roaclj or between the English and 
my people^ and that all shall be peace and quietness ; and I agree that between 
my people and your people there shall be no difference or o]")pression^ and that 
the English agree that all shall be peace; and that all merchants shall be f ree 
to trade without oppression. 

The witnesses to this are — 

Rashed Abdoollah. 

Hadjee Mahomed HoussAm. 

Shah Minnatee. 

Hadjee Jafeer. 

(Sd.) Syud Mahomed IIoussain bin Wais. 

HaSSAN BIN ABDOOBLAlj KhaTKKU. 
m February 1839. ;; S. B. Haines. 


Approved l)y the Bombay Government on 9Jlnl Ft‘hrnarv IS;VA 


No. LIV. 

Translation of a Bond entered into by Sultan Men sin RAiufL and his sons 
Sultan Ahmed bin Muhsin Fadiil, Ali, Addoollaxi, and .Fadjii,, with (’om- 
MANDER Haines, the Political Agent at Adkn. 

Sultan Mull sin Pad hi and his sons named almve agreO; with a vienv 
to the tranquillity of their territory; the protection of the |)Oor and w(‘alc, the 
security of their tribe; and tlie safety of the roads; that the Sultan nhall Im 
answerable for any outrages committed by his peo|)le on the roads; and that, 
they shall not offer any opposition to the. BriiiBh Government; that the 
interests of both shall be identical. The claim for the stipends duo to Fadhiee; 
Yaffaee; liowshabeC; and Amcor tribes shall be upon tlic British Government. 
Sultan Muhsin and his childrmi; in perpetuity; and from goueration to 
generation; shall receive from the British Government a stipend of (batiO 
dollars annually; to begin from the mouth of Zilkaud Hegira 1251. (January; 
February 1839), The land from Kbor Maksar to Lahej; as far m it in knowxi 
to belong to the Abdalee tribe; is under the authority of the Sultan, In cianc 
of any attacks upon Lahej or the Abdalee tribe, or upon Aden or the British 
troopS; we (the Sultan) and the British shall make a common cause. Any 
of our subjects entering Aden must be obedient to the British laws, and any 
of the British subjects, when in Lahej, must submit to our authority. If 1 



138* 


Arabia— Aden — Ahdalees — No. LV, 


Part II 


(the Sultan) or my children proceed to and from Aden^ we sliall not be liable 
to any customs. 

Bated Tuesday, ^th Buheeoosanee Hegira 1^55^ \%th June 1839. 


Witnesses : 


Seal of 
Mulisin 
Fadhl. 


(Sd.) Jaffeu^ Vakeel of Commander Haines, 

yy Hassan Abdoollah Ali Khateeb. 

Abbool Sutta bin Abboollah Rubee. 
Ali BA Abboollah. 
yj Ali Ahmeb. 


Ratified by the Right Honourable the Governor General of India on the 
24th of October 1839. 

(Sd.) T. H. MabbocK; 

Offg, Secg. to the Govt, of India y 

with the Governor General, 


No. LV. 

This Teeaty is made by Sultan Muhsin Fabhl, his heirs and successors, the tribes 
of the Azeibee and Sellamee, on their visit to Aden on Saturday, the 27th day of 
Sharel Hadjel Haram 1258. 

Being anxious to make peace with the British Government^ Captain 
Stafford Bettesworth Haines^ in the name of the British Government^ has 
given his consent and has made peace with Sultan Muhsin Padhl and 
his adherents^ and on this Treaty has Sultan Muhsin Fadhl placed his 
seal, and Captain Stafford Bettesworth Haines, on the part of the British 
Government, has set his seal. Inasmuch as peace is good and desirable for 
both parties, the Sultan Muhsin Fadhl of Lahej, in the name of him- 
self, heirs, successors, and the tribes of Sellamee and Azeibee, and Captain 
Stafford Bettesworth Haines, on the part of Her Most Gracious Majesty 
Queen Victoria 1st, of Great Britain and Ireland, have made this holy agree- 
ment, that between the two governments shall exist a firm and lasting friend- 
ship that shall never be broken from the beginning unto the end of all things, 
and to this agreement G od is witness. 




Part II 


Arabia — Aden — AMalees-^No^ IiV. 


130 


Aeticle 1. 

In consideration of tbe respect due to the British Government, Sultan 
Muhsin Fadhl agrees to restore the lands and property of all kinds 
belonging to the late Hassan Abdoollah Khateeb, Agent to the British at 
Lahej, after such property shall be proven. But the Sultan Muhsin expects 
in return that certain revenue and territorial books styled Dciras, said 
to be in the possession of the Khateeb family, should be restored to the 
government of Lahej, and then their persons shall be safe, should they wish to 
go inland. 

Article 2. 

The Sultan will, on the same consideration, and has, in the presence of 
witnesses, settled all claims made by Shumaiel, the J ew, and he will also attend 
to all claims that may be brought against him during his fifteen days^ 
residence in Aden. 

Article 3. 

Such transit duties as shall be hereafter specified shall be exacted by the 
Sultan, who hinds himself not to exceed them. The Saltan will also, by 
every means in bis power, facilitate the intercourse of merchants, and he shall 
in return he empowered to levy a moderate export duty. 

Article 4. 

The Sultan engages to permit British subjects to visit Lahej for com- 
mercial purposes and to protect them, allowing toleration of religion, with the 
exception of burning the dead. 


Article 5. 

Should any British subject become amenable to the law, he is to be made 
over to the authorities at Aden, and in like ^manner are the subjects of tlie 
Sultan, to be made over to his jurisdiction. 

Article 6. 

The bridge at Khor Makear is English property, and as such shall bo 
kept in order by them ; but should it be proved that it is destroyed by tlm 
followers of the Sultan, he shall repair it. 

Article 7- 

The Sultan binds himself, as far as he can, to keep the roads clear of 
plundering parties and to protect all merehandizie passing through his terri- 
tories. 


Article 8. 

British subjects may, with the permission of the Sultan, hold in tenure 
land at biahej, subject to the laws of the countiy, and in like manner may 
the ryots of the Sultan hold property in Aden subject to the British laws. 


140 


Arabia— Aden— 1^0. LVI. 


Part II 


Article 9. 

Sucli articles as tlie Sultan may require for liis own family sliall pass 
Aden free of duty, and in like manner all presents and all government pro- 
perty shall pass the territories of the Sultan free from transit duty. 

Article 10. 

Witli regard to the stipend of the Sultan^ it entirely rests with Captain 
Haines and the British Government. The Sultan considers the British his 
true friendsj and likewise the British look upon the Sultan of Lahej as their 
friends. 

This Treaty is concluded on the l\th day of Shahr Mohurrim Al liar am 
Ashoor, in the year of the Hejira 1258;, 11th February 1843. 


Seal. 


I (Sd.) -s. B. HalneS; Caykiinj L N.j ^'c., 

Seal. 

I FolUical Ayenty Aden. 


No. LVL 

The following further Bond was entered into by the Sultan of Lahej on the 20th Feb- 
ruary 1844, previous to the renewal by G-oteenment of payment of his monthly Stipend 
of five hundred and forty-one Geeman Ceowns, which had been stopped in conse- 
quence of his having beoken his former BNaAOEMENTS. 


Articlts 1. 

The Right Honourable the Governor General of India having been 
graciously pleased to grant to me a'monthly salary of 54d German crowns, so 
long as I continue to act honestly and amicably towards the British, in every 
respect adhering to the terms of my late Bond, dated 1 1th February 1843, 
especially sworn and delivered to Stafford Bettesworth Haines, Esq., Captain 
in the Indian Navy, and Political Agent at Aden. 

Article 3. 

I hereby solemnly^ attest the religious sincerity thereof, and moreover 
declare that in all things relating to the peace, progress, and prosperity 
of Aden, I will use every effort to avert calamity, and lend my utmost 
aid to support the interests of the British flag; and I will conform in all 
intention and purpose to the Articles specified in my late Bond dated 11th 
February 1843. 




Part II 


Arabia — Aden — Ahdalees — Ho. LVII. 


141 


Aeticle 3. 

1 further bind myself by oatb^ that should any broach of faith ^ or trespass 
on the aforesaid Bond^ either as concerning myself, children, Chiefs, or any 
other person or persons of my tribe, or those in my pay, or any individual 
whomsover in any way or by any means connected with my government or 
under my jurisdiction, or should one or any of the aforesaid persons be in any 
manner convicted of having been privy to or accessory to such breach of 
faith, or trespass on the Treaty, or of committing any act of plunder whatever 
on the roads leading into Aden from the interior, to take the whole responsi- 
bility on myself and to be answerable to the British ; and if I or other above 
mentioned, either openly or by secret machination, protect any offender, and do 
not render entire satisfaction to the British, I freely and solemnly swear to 
relinquish all claim to the salary granted by the Right Honourable the 
Governor General of India and declare myself perjured before all men. 


Aeticle 4. 

I further swear that, if I do not strictly abide lieneeforth by the Bond 
dated 11th February 1843 and the above-mentioned conditions, all claim I 
may have on the kindness, friendship, and generosity of the British Govern- 
ment is rendered null ; and consequently, for any breach of truth or aggression 
on my part for the future, I render myself open to the severest retribution. 


Dated the February 1844, 


Seal of the 
Sultan. 


(Sd.) 




Sultan Muhsin Fadhi., 


S. B. Haines, Cap fa la L A., 

and Folifiiud Agent at Aden. 


No. LVII. 

To secure CoMMEECiAL Advantages with friendly Intebcouesk, Good Will, and Lasting 
Peace to both powers, this Teeaty is made, agreed to, sealed and signed by thorn 
possessing full power and authority, viz., Sultan Ali Ibn Muhsin Padul, for him- 
self, his heirs and successors, also for the Azeibee and Sellamee teibks, and all other 
tribes and divisions of tribes under his government, authority, or control, and Staefoed 
Betteswoeth Haines, Esq., Captain in the Indian Havy, and Political Agent, 
Aden, being invested with full power so to do from the Eight Honoueablb the 
Goveenoe-Geneeal of India, but it must be subject to the final ratification of the 
Govbenment of India. 

Inasmuch as peace and commercial intercourse and prosperity is good and 
desirable among all nations, and particularly advantageous to the powers above 




142 


Arabia— Aden — Ahdalees—lS^o» LVII. 


Part II 


named, tlie Sultan Ali Muhsin Fadhl of Lahej, in the name of himself, 
heirs, successors, and all tribes under his government, control, and authority, 
and Captain Stafford Bettes worth Haines, on the part of the Right Honour- 
able the Governor General of India, make this agreement, that between the 
two governments shall exist a firm and lasting friendship which shall never be 
broken, and both parties agree to and ratify, under seal and signature, the 
following Articles : — 

Article 1. 

In consideration of the respect due to the British Government, Sultan 
Ali Muhsin Fadhl binds himself to secure to the rightful owners all 
ground, household or other property that may be within the limits of his 
territory belonging to the British subjects of Aden, and that their persons or 
agents shall be safe and respected, should they proceed inland to look after 
and collect the rents of such property, or for any other correct purpose. 

Article 2. 

Sultan Ali Muhsin Fadhl engages to permit British subjects and 
all inhabitants of Aden to visit Lahej or any part of his territory, for either 
commercial purposes or pleasure excursions ; he will ensure them protection, 
and full toleration of religion, with the exception of burning the dead. 

Article 3. 

Should any British subject become amenable to the law, he is to be made 
over for trial and punishment to the authorities at Aden. 

Article 4. 

British subjects may, with the permission of the Sultan of Lahej, hold 
in tenure land at Lahej or other towns, or villages in his territory, subject to 
his law, and in like manner may the ryots of the Sultan of Lahej hold pro- 
perty in Aden, subject to British law and jurisdiction. 

Article 5. 

The bridge of Khor Maksar, and the plain between it and the Moun- 
tains of Aden forming the Isthmus, is British property, and no farther north. 

Article 6. 

Sultan Ali Muhsin Fadhl binds himself to keep the roads leading 
to Aden clear of plundering parties, and to protect all merchandize passing 
through his territory, punishing, if in his power, all who plunder, molest, or 
injure others. 

Article 7. 

Such articles as the Sultan of Lahej may personally require for his own 
household shall pass Aden free of all custom duty, and in like manner all 
government property shall pass the territories of the Sultan free from transit 
duty. 



Part II 


Arabia— Aden— -No. LVII. 


MS 


The Sultan of Lahej binds himself to levy only the following transit 
duties within his territory upon all goods passing into Aden from the hills, 
viz., belonging to British subjects : — 


Wheat 
Jowari 
Flour 
Ghee 

Grass and fruits of kinds 
Honey 
Fooah 
Dholl 
Senna 

Gums, Frankincense, &c. 

Worruss 
Coffee 
Khaut 
Vegetables 
Wood 

Grass and kirby 
and 2 per cent, upon all articles not enumerated 


2 per cent, upon inland value. 

2 .4 


2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 


V 

3} 


33 

33 


Free of duty, being the growth of the Abclalee 
territory. 


Articles passing out from Aden into his territory — 

Outub cotton... 

Snuff 

Pepper 

White and cotton cloths ... 

Iron lead 
Hookahs 
Dates 

and 2 per cent, on all articles not enumerated above. 


2 per cent. 


2 

2 

2 

2 


33 

33 

33 

33 


33 

33 


Article 8. 

Sultan Ali Muhsin Fadhl binds himself to encourage the growth of 
all kinds of European and Native vegetables for the Aden market. 

Article 9. 

Sultan Ali Muhsin Fadhl most solemnly attests tlic religious sin- 
cerity of this agreement, and moreover declares that in all things relating 
to the peace, progress, and prosperity of Aden, he will lend his utmost aid to 
support the interest of the British, and will listen to, and, if possible, attend 
to the advice of, the British Government representative in Aden in all 
matters. 

Article 10. 

Sultan Ali Muhsin Fadhl further hinds liimself by oatli, that 
should any breach of faith, or trespass on the aforesaid Bond, either as 
doncerning himself, children, relatives, Chiefs or any other person or persons 



144 


Arabia—Aden— Ho. LVIII. 


Part II 


of His tribe^ or those in authority under him^ or in his pay, or by any 
means connected with this Government, or under his jurisdiction, or should 
one or any one of the aforesaid persons be in any manner convicted of having 
been privy to or accessory to such breach of faith, or trespass on the Treaty, 
or of committing any act of plunder on the roads leading to Aden through 
his territory, to take the whole responsibility on himself and to be answeraWe 
to the British Government. Further, if he, or any other above mentioned, 
either openly or by secret machination, protect any offender, and do not render 
entire satisfaction to the British, and for any breach of the above Articles, he 
freely and solemnly swears to relinquish all claims to the salary (hereafter 
mentioned) granted by the Eight Honourable the Governor General of India 
and declares himself a perjured man. 

Article 11. 

Stafford Bettesworth Haines, Captain in the Indian Navy, and Political 
Agent at Aden, being duly authorized, does hereby solemnly promise, in the 
name of the Right Honourable the Governor General of India, to pay to 
Sultan Ali Muhsin Fadhl, his heirs and successors, the sum of five 
hundred and forty-one German crowns per month, so long as he or they 
continue to act with sincerity, truth, and friendship towards the British, and 
in every respect strictly adhering to the terms of this Treaty. 

Tim Treaty is concluded and agreed to this seventh day of March, in the 
year of our Lord one thousand eight hundred and forty-nine. 

In witness whereof we have set our seal a7id signature. 

(Sd.) S. B. Haines, Captain, /. N,, 

Political Agent, 


Ratified by the Most Noble the Governor General of India on the 30th 
October 1849. 

(Si) H. M. Elliot, 

Secy, to the Govt, of India, 

tvlth the Govr. Genl, 


Seal. 


No. LVIII. 

Terms of Conveiction entered into between Sultan Fadhl bin Muhsin Abdoollah, on 
the one hand, and Lieutenant-Colonel W. L. Meeewetheb, on the part of Her 
Majesty's Indian Government, on the other, this 7th day of March 1867, in regard 
to an Aqueduct to be made between Sheikh Othman and Aden, and, if necessary, from 
a more distant point, for the purpose of supplying the Garrison and Town of Aden 
with a sufficiency of fresh water. 

Article 1. 

The work of the aqueduct to be entirely carried out by the British 
Government, and in the first instance everything to make the scheme complete, 
including camels for the Persian wheels, to be given by the British Govern- 
ment. 



Part II 


Arabia — Aden — Ahdalees — "No, XiVIII. 


145 


Article 2, 

When the aqueduct has been finished and it has been put into complete 
working order;, its future maintenance to rest with the Sultan of Lahej, cost 
of repairs and renewal of stock being paid for by him out of his share of 
the profits realized by sale of the water. 

Article 3. 

The works at Sheikh Othman or at Dhurub^ if the aqueduct is extended 
to the latter place, as well as the whole line of aqueduct from those places to 
AdeU;, to be watched and protected by the Sultan of Lahej. 

Article 4. 

The remains of the old aqueduct to be given free for use in the construction 

of the new work. In return for the use of the 
#Sale price, 1 rupee per 100 ^^ater aiul what he binds him sclE to perform, tlu^ 

Sultan of Lahej to receive half of the amount'^' 
realized by the sale of the water in Aden ; account to be rendered and amount 
to be j)aid over monthly. 


Article 5. 

Repairs, when necessary, to be executed through the Resident, who will 
then, before payment of monthly profits to the Sultan of Lahej, deduct the 
whole, or a portion, of the cost thereof, as he deems right. 


Article 6. 

A good road, 45 feet broad, clear and level, to be made by the Sultan 
of Lahej out of the profits from the Khor Maksar to Sheikh Othman an<l on 
to Dhurub if the aqueduct be extended there. The road may 1)e made under 
the direction of the Resident, who will recover the cost in the same maimer 
as for repairs. 


Article 7. 

The British Government to make a similar road from the Khor Maksar 
into Aden. 


Article 8. 

, The above to be binding on Sultan Fadhl bin Muhsin bin Abdoollah 
Sultau of Lahej, and his successors. 

(Sd.) Radhl bin Muhsin, 

Sidian of Lahej, 

„ W. L. Merewether, Lieid ,- Col :, 
Reudenty Men, 

19 


VII 



146 


Arabia— Aden — FadUees^T^o, LIX. 


Part II 


No. LIX. 

T11ANSLA.T10N of a Bokd given by Sultan Ahmed bin Abdoollah Padhlee. 

Sultan Ahmed tin Abdoollat Padtlee, tis trotters Salet_, Nasir^ and 
Fadtl^ and tis cousins^, do hereby agree, that they enter into an agreement with 
tbeir tribe, and those dependent upon them and those upon the latter, as before 
arranged with Commander Haines, who agrees to pay to these people the 
stipend which they used to receive from Sultan Muhsin Fadhl Abdalee. 
The agreement which has passed between them (the Sultan and Commander 
Haines) is, that whatever belongs to the Sultans of Abdalee, former and 
succeeding, and to those of Fadhlee, former and succeeding, shall be theirs ; 
that the Abdalee shall be responsible, as stipulated, for all injuries or outrages 
perpetrated in Lahej, its vicinity, or within its limits, or in Aden, its roads, 
or its limits; and the above Sultan Ahmed, for all acts of excess on the part 
of any of the Fadhlee, their clans, or those dependent upon them. In case 
Sultan Ahmed afford any assistance to any other Sultan or tribe, this agree- 
ment shall be null and void. Our (Sultan Ahmed's) hand and Sultan 
Muhsin's hand is one and the same. Our friends and his friends are 
identical. If any of the above tribe commit any plunder or depredation on 
the roads or in Lahej, the Bond that we possess shall be null, until we shall 
recover and restore the plundered property. Should any assault or murder be 
committed in Lahej or Aden, or on their roads, and should the act be brought 
home to any of the Padhlee or their tribe, he shall be seized and is to be 
considered an offender. This Bond is always binding, and shall never become 
a dead letter. We shall draw the settled stipend every six months, and when- 
ever there shall be any pressure of necessity. Government shall pay us a part 
(intermediately). The payment is to commence from the month of Zilkad 
Hegira 1254 (January, February 1839). Whatever is affixed for the above 
people shall be received by them through us or Sultan Muhsin or his children. 
These are the stipulations agreed to by Sultan Ahmed Fadhlee, and which are 
mediated by Salim bin Sheikh and Syud bin Sulah, who are the Vakeels of 
Sultan Ahmed. This agreement is consented to on Monday, the 26th day of 
Eubbee-ool-Akhir Hegira 1255 (8th July 1839). The half-yearly allowance 
which we shall receive from government is 182i Cooroosh, half of which is 
91 The provisions which the above people are accustomed to receive must 
be given to them at Lahej through the Sultan or his children. 

. (Sd.) Sultan Ahheb bin Abdoollah bin Ahmed, Fadhlee. 

Witnesses : 

Moolla Jaeeeb, Valceel of Commmider Haines, 

Ali bin Abdoollah bin Ahmed. 

Salim bin Nasie, Arab, 

Kazee Abdool Razzak bin Ali. 



Part II 


Arabia— Aden— — 'N o . LX . 


14:7 


No. LX. 

Translation of a Bond entered into by tbe Sultan of Lahej for tlie security of tbo 

ROADS leading to Aden. 


Seal of 
Ahmed bin 
Abdoollah, the 
Fadhlee. 


An honourable Bond and a great writing 1 

L whose name and seal are set herein^ have covenanted to the beloved 
Alowi bin Zain A1 Aidroos upon peace and friendship between us and the 
Governor^ William Coghlan Sahib^ the ruler of Aden, and also u])OU the safety 
of the road and security of the poor from Lahej to Aden. I am resiKinsible 
for every sedition that may take place on the road on the [>art of a, 11 the 
Fadhlee tribes, either inhabitants of the hills or coast. I am answerable for 
it for all what goes to them on the roads of Ibian and Aden. Whatever laun- 
der may take place upon our subjects on the coast, I will call upon Syud 
Alowi, and the Governor of Aden has the interposition. 

If God should decree a quarrel between the Fadhlee and the 
Ahdalees, each would know his own friend, and tlic English should not inter- 
fere amongst Arabs. Each would go on according to his rule and covenant, 
and if any one should try to make mischief betwixt us (Fadldcc and 
English), the saying of such enemies must not he listened to. 

The Governor of Aden should abolish the invention which they have 
established at the gate of Aden upon the poor of our subjects and others ; lor 
the sake of the good condition of the needy, we and the English arc friends, 
upon sincerity and good will between them and us, and protection for our 
said friends (subjects) . 

I have covenanted to the beloved Alowi and he will covenant on my 
behalf to the Governor, William Coghlan. 


In the presence of 

Saleh bin Abdoollah. 
Nasiii bin Abdoollah. 
Fadhl bin Abdoollah. 
Ali bin Ahmed Azzabbee. 




148 


Arabia— Aden— LXI. & LXII. 


Part II 


No. LXI. 

Teanslatioit of Aeticles of Ag-eeement entered into hj Sultan Ahmed bin Abdoollah. 

Article I. 

That Sultan Ahmed bin Abdoollah^ on behalf of himself, his successors, 
and his tribe, solemnly binds himself to abstain in future from all acts of 
plunder and disorderly violence. 


Article II. 

To maintain peace with ’the neighbouring tribes, friends of the British 
Government. 


Article III. 

To protect all merchants and travellers passing through his country. 
Any member of the tribe acting contrary to this rule to be immediately 
punished. 

Article IV. 

That one of the sons, or a near trusted relation, of the reigning Sultan 
of the Fadhlee tribe shall reside in Aden, to be near the Eesident and to 
transact business relating to the tribe. 

Article V. 

On these terms being solemnly agreed to, the past will be forgotten. 

(Sd.) Ahmed bin Abdoollah. 

May 1867. 


No. LXII. 

Tor the Fuetherance of Peace and Amity between the Hioh British Government and 
the tribe of the Fadhlees, the undersigned, Major-General Charles William 
Teemenheere, C.B., Political Eesident at Aden, on behalf of the British 
Government, and Sultan Haidaea bin Ahmed bin Abdoollah, the Fadhlee, for 
himself and his successors, have agreed to the following conditions : — 


Article I. 

Sultan Haidara bin Alimed bin Abdoollah, the Fadhlee, agrees to waive 
his claim to transit dues and to all rights of revenue accruing from the kafdas 


Part II 


Arabia — Aden — FadUees — INo. LXII. 


149 


wWcli enter and whicb. leave Aden^ and that tlie road tlirong*!! his territory 
shall be entirely free^ and that there shall be no obstacles in the way of 
travellers upon it. 


Article II. 

Major-General Charles William Tremenheere^ c.B.^ Political Kesident at 
Aden^ on behalf of the high British Government^ agrees to pay to Sultan 
Haidara bin Ahmed bin Abdoollah, the Padhlee, and to his successor the 
monthly sum of eighty (80) dollars^ in consideration of the abolition of the 
transit dues as aforesaid. 


Article III. 

This agreement is distinct from^ and in addition to^ the engagernont 
which was concluded with the Sultan of the Padhlee tribe on the 27th day 
of May 1867j and the stipend as aforesaid, that is to say, the snin of eighty 
dollars to be paid monthly, is over and above the stipend of one hundred 
dollars which is at this present time i)a.id monthly by the high British Govern- 
ment to the Sultan of the Fadhlee tribe, and this engagement is to come 
into force, and to have effect from this date of writing, that is to say, the ()th 
day of May 1872, answering to the 28th day of Safar in the year of the 
Hijra 1289. 


Seal. 


(Sd.) M. SciiNEXDj'TR, Bri/jadifir-Oencral, 

JPolUical Ila/iidcnf; Adt'n.. 

Ou behalf of Major-General C. W. Tremeniuoeiuo, c.r. 

(Sd.) Haidara bin Aumed bin Abdoollaii. 


Seal. 


(Sd.) NoilTHBROOIC, 
Viceroy and Govermr-G eneral. 


Ratified by His Excellency the Viceroy and Governor-General of 
at Galcutta on the eighteenth day of December 1872. 


India 


(Sd.) C. U. Aitciuson, 
Secretary lo the Government of India. 




150 


Arabia— AderL~-;ii5:ra5ee5—3Sros. LXIII. .& LXIV. 


Part II 


No. LXIII. 

Engagement of Peace and Feiendship entered into, on the 4th February 1839, by 
SxTLTAN Haidaea BIN Mehbi , of the Aeeabees, and Sheikh Abb-ool-Kueeem; bin 
Sallah Mehdi, Sheikh Fadhl bin Haibaea bie Ahmed, of Sela, Akeabee 
Chiefs with Commandee Haines, of the Indian Navy, on behalf of the Honoije- 
able East India Company. 

Between tlie British and Akrahees there shall be peace and lasting friend- 
ship. Aden^ belonging to the English^ and the Akrabee tribe^ shall be at 
peace and firm friends. If the subjects of either wish to have free intercourse 
in each other^s territory^ they shall be welcome^ and receive neither molesta- 
tion nor insult. 

If the English wish to enter the Akrabee territory they shall be respected 
and received with kindness^, for they are friends. If any disturbance should 
take place between the subjects of either country, the culprit, if English, is 
to be given over to the laws of Aden ; if Akrabee, to the laws of the Sultan, 
for punishment. 

In witness of the agreement, in the presence of God. 

Dated Aden^ the ^th February 1839. 


Witnesses : 
(Sd.) 


(Sd.) Sultan Haidaea bin Meiidi. 


Stud Alowi. 

Bashed Abdoollah. 

Jaeeee bin Moolla Abdoollah. 
S. B. Haines. 


No. LXIV. 

Teanslation of an Ageeement by the Sheikh and Eldees of the Akeabee Teibe. 

Peaise be to God, who is worthy of Peaise ! 

Attestation and agreement from the Sheikh Abdoollah Ba Haidara Mehdi 
and all the elders of the Akrabees whose names are set below: we have 
covenanted with His Excellency the Governor, William Coghlan Sahib, ruler 
of Aden, upon everlasting* sincerity and the repelling of sedition in their 
(own) limits, and upon purity of friendship. We will do all in our power 
(agreeably to friendship) to protect (the interest) the English government 
and its subjects, and if any of the English wish to come out to Bir Ahmed 
for recreation, they must inform us, and upon us rests the (their) perfect 
reverence and protection ; any want the Governor may require, we are (his) 
soldiers day or night. Our country and our property are in the service of the 



Part II 


Arabia — Aden — AJcrahees — "N o. LXV . 


151 


British Government^ and may our Lord continue the friendship. Ultimately 
we have covenanted according* to what we have explained abovC; and we beg 
God to confirm us in the fulfilment of the faithful covenants. 

IViis is done 07 i the \%th of Sliahan 1273^ \%th Ajjrll 1857. 

(Sd.) Abdoollah Ba Haidaiia Meiibl 
„ Saleh Ba Haidara MEiint. 

Abi)-ool-Kureei\i Silam Meiidi. 

„ Hadj Obaib Allah Yejiia. 

Ali bin Ahmed Ali. 

Witnessed by 

Syhd Mahomed bin Zain Al Aidroos. 

Syud Aideoos bin Zain Al Aidroos. 

Sheikh Ali bin Ahmed Ba Abdoollah Azab. 

In presence of 

(Sd.) Alowi bin Zain Al Aidroos. 


No. LXV. 

Translation of an Agreement entered into by the Chief of the Aicrabee Tihihs reguvih 

ing the sale of Jebel Ihsan. 

^ Praise be to God alone ! 

The object of writing this lawful Bond is^ that it is hereby covimaiited 
and agreed betwixt Sheikli Abdoollah Ba Haidara Meluli, Chief of Ihc Akraliee 
tribe^ on the one*p^i’t^ and Brigadier William Marcus Cughlau, Governor of 
Aden, on behalf of Her Majesty the Clueen of England, the other part, 
•that the said Sheikh Abdoollah Ba Haidara Mehdi doth j)leclgc himself, his 
heirs and successors, by this agreement never to sell, mortgage, or give fbr 
occupation, save to the British Government, any portion of the Peninsula 
called Jehel Ihsan, including the Khor of Bir Ahmed, Al Ghadeer, Buudar, 
Pogum, and all the intermediate coast and inlets. 

In consideration of which act of friendship, the said Sheikli Abdoollah 
Ba Haidara Mehdi has received from Brigadier William Marcus Coghlan, 
Governor of Aden, an immediate payment of three thousand (3,000) dollars, 
and shall also receive from the said Brigadier Coghlan or his snceessors a 
future monthly subsidy of thirty (30) dollars, it being understood that this 
stipend imposes an obligation on the part of Sheikli Abdoollah Ba Haidara 
Mehdi, his heirs and successors, to protect all traders and British su))J(‘ets 
who pass through or reside in the Akrabee territory, and also for preserving 
terms of peace and friendship betwixt the Akrabee tribe and the Governor of 
Aden, representing the Government of Her Majesty the aueeii of England. 

Ill token of this honorable engagement, the Brigadier AVilliam Marcus 
Coghlan and Sheikh Abdoollah Ba Haidara Mehdi do severally aflix their 
hand and seal at Aden on Eriday, the twenty-third day of January, in tlie 



152 


Arabia — Aden^ — ATcrabees — ITo. LX VI. 


Part II 


year of Christ one thousand eight hundred and sixty-three^ corresponding with 
the third day of Shahan in the year of the Hegira one thousand two hundred 
and seventy-nine. 

(Sd.) Abdoollah Ba Haidaua MehdI; 

W. M. CoGHLAN, Brigadier, 

BolUical Besident, Aden, 


In presence of 


(Sd.) 

Mahomed Ba Haidaua. 


Alowi bin Zain Al Aidboos. 


Aidroos bin Zain. 


H. R ASS AM, 


Assistmit Political Resident, Aden, 

-VT T TrTTT 


No. LXVI. 

Teanslatiox of an Exoag-emei^t entered into loj the Shbixh of the Azeabee Teibe for 

the sale of Little Aden. 

The cause of writing this lawful deed is as follows : — 

That a Treaty and engagement is made between Sheikh Abdoollah Ba 
Haidara Alehdi^ Sheikh of the Akrabee tribe^ on the one partj and General 
Sir Edward llussellj Kesident of Aden^ on behalf of the Hon'ble British 
Goveriimentj on the other. 

To witj the above-mentioned Sheikh Abdoollah Ba Haidara Mehdi on his 
part binds himself by these presents to have sold and delivered over in per- 
petuity to the British Government the Peninsula^ called Jebel Ihsan^ alias 
Jebel Hussan^ and the Khor of Bir Ahmed and A1 Ghadeer and Bundar 
Foguni; and all and whatsover is comprised on the seashore in the matter of 
harbours or ports between the said Khor (of Bir Ahmed) and Bandar Eogum, 
and,, moreover, the said Abdoollah Ba Haidara Mehdi binds himself, his 
heirs and successors by these presents, never to sell or pledge or give up any 
one for residence, excepting to the British Government, any portion what- 
soever of Jebel lias Imran, or the land on the border of the bay between 
Ras Imran and Jebel Ihsan or Hussan, and in consideration of what is 
aforementioned the said Sheikh Abdoollah Ba Haidara Mehdi has received 
from General Sir Edward Hassell, Resident at Aden, the sum of thirty 
thousand German Crowns, being the amount of purchase money agreed upon 
by the said Abdoollah Ba Haidara Mehdi, and this sum of thirty thousand 
German Crowns is over and above the sum of three thousand German Crowns 
which Brigadier William Marcus Coghlan stipulated for, and paid to the said 
Sheikh Abdoollah Ba Haidai’a Mehdi on the 23rd day of January 1863, in 
accordance with the Treaty that was made on that date, and payment of these 
said three thousand German Crowns then well and truly made to the said 
Abdoollah Ba Haidara Mehdi. 

In witness that the terms of this Treaty are truly and justly binding on 
Sheikh Abdoollah Ba Haidara Mehdi on behalf of himself, his heirs, and 
successors as to the sale, and on General Sir Edward Russell, Resident at 



Part II 


Arabia — Aden — Oiolakees — N o. LX VII. 


153 


Adeii^ on behalf of the Hon^ble British Government as to the purchase;, both 
have hereunto set their signatures and seals^, at Aden, this 2ncl day of April 
A.D. 1869, equivalent to 21st day of the month Zhil Hujj a.h. 1285. 

(Sd.) Abdoollah Ba Haidaba Meudl 

„ E. L. Russell, Major-Generaly 

Resident at Aden, 

In presence of — 

(Sd.) Alowi bin Zain Al Aidboos. 

„ G. E. Goodeellow, Ga2Aain, 

Assistant Resident^ Aden, 

Articles of Treaty and engagement between Sheikh Abdoollah Ba 
Haidara Mehdi and Sir Edward Russell, Resident of Aden, that the honor 
and respect which is due to Abdoollah Ba Haidara Mehdi from the British 
Government continue, and that from the present date an increase of dollars 
10 to the present subsidy of 30 dollars be paid (making) a total of dollars 4*0 
(per mensem), and that Abdoollah Ba Haidara (be permitted to) levy transj^ort 
dues on whatever may be landed from the bunders -wliieh he has sold this day 
according to a Treaty drawn up with Sir Edward Russell on behalf of the 
British Government, should the goods so landed thence pass through liis 
territory, viz,, Bir Ahmed, and all claims of Sultan Padhlec, or of Sultan 
Ahmed, the Padhlee, upon Bir Ahmed, the Resident is to take upon himself, 
and this is what is agreed upon. 

. This second day of Ap'il 1869, eqiiwalent to 21^^ day of Zhil JIu/J 1825. 

(Sd.) E. L. Russell, Major-General, 

Resident al Aden,, 
Abdoollah Ba IIaidaba jMejidi. 

Witness — 

(Sd.) Alowi bin Zain Al Aidboos. 

„ Aidboos bin Zain Al Aidboos. 

„ G. R. Goodpellow, Captain, 

Assistant Resident, Aden, 

No. LXVIL 

Teinslation of an Ag-eeement entered into by the Owlakee Chiefs for the snppres- 

, ' sion of the Slave-trade. 

In the name of the Most Meeciful God and Him wo implore. 

The reason of writing this bond is, that influenced by motives of humanity 
and by a desire to c*.nform to the principles on which tlie great English 
government is conducted, we lend a willing ear to the proposals of our sincere 
friend Brigadier "W. M. Coghlan, Governor of Aden, that we shall covenant 
■with, him and with each other to abolish and prohibit the exportation of slaves 
from any part of Africa to any other place in Africa or Asia or elsewhere 
under our authority. 

VII 


20 



154 


Arabia— Aden— LXVII* 


Part II 


We whose names and seals are set to this Bond do therefore in the sight 
of God and of men solemnly proclaim our intentions to prohibit the exporta- 
tion of slaves from Africa by every means in our power ; we will export none 
ourselves^ nor will we permit our subjects to do so^ and any vessel found 
carrying slaves shall be seized and confiscated and the slaves shall be released. 

Signatures, 

' Sultan Munassau bin Boo Bekr, bin Mehdi^ the 
Owlakee, done at HoLir_, dated 14th October 1855. 
' Sultan Aboo Bekb bin Abdoollah bin Mehdi^ the 
Owlakee ; same date and place. 


Peace. 

Witnessed by Syucl 
Mahomed bin Abd-oor- 
Eahman A1 Zuffeii. 


Similar engagements were entered into by 

^Alx Mahomed Zaid^ elder of the ETabr Gerhagis 
tribe of Somalis^ at Mait; done the 5th Zufier 
1^72^ corresponding with the 17th October 1855^ 
Hiesee Ali MahomeDj elder of the Habr Gerhagis^ 
tribe of Somalis^ at Mait; done the 5th Zuffer 
1^72^ corresponding with the 17th October 1855^ 


Witnessed by Omar bin 
Ahmed bin Syud Ba- 
shtiabeeoh. 


And by 

Mahmood Mahomed^ elder of the Habr Taljala 
tribe^ at Hais; 5th Zuffer 1272^ corresponding 
with 17th October 1855. 

Aboo Bekb bin Mahomed^ elder of the Habr Tal- 
jala tribe, at Eacooda; done the 5th Zuffer 127^, 
corresponding with the 17th October 1855. 

Abd Omar, elder of the Habr Taljala tribe, at 
Unkor; clone the 6th day of Zuffer 1272/, corre- 
spending with the 18th October 1855. 

Ali Ahmed, elder of the Habr Taljala tribe, at 
Unkor; done the 6th Zuffer 1272, corresponding 
with the 18th October 1855. 

Hassun Yousef, elder of the Habr Taljala tribe, 
atKurrum; done the 6th day of Zuffer 1272, 
corresponding with the 18th October 1855. 

Mahomed Leban, Chief of the Habr Taljala tribe, 
at Kurrum; done the 6th Zuffer 1272, corre- 
sponding with the 18th October 1855. 

Yousef Othman, elder of the Habr Taljala tribe, 
atAinTarad; done the 7th Zuffer 1272, corre- 
sponding with the 19th October 1855. 

Ahmed Aboo Beer Mahomed Leban, elder of the 
Habr Taljala tribe, at Ain Tarad ; done the 7th 
Zuffer 1272 corresponding with 19th October 
1855. 



Part II Arabia — Aden — Suhaihees — 3S*os. LXVIII., LXIX. & LXX. 


155 


No. LXVIII. 

Teanslation of a Bond executed by Abdoollah bin Khadhar of the Mansoorbe. 

I; Abdoollah bin Khadhab^ Mansooree^ do liereby agree and do bind 
myself with Major-General Charles William Tremenlieeie, C.B., Political 
Eesident at Aden^ that if any plundering or any outrage be committed by 
the family of the Kuraysee in my territories^ or beyond my territories, I will 
be security and answerable that satisfaction shall be made. I have executed 
this bond of my own free will and my signature is hereunto subscribed. 

Bated, at Sheihh Oilman, the Y?>ih day of May A.B, 1871^ anmoerhig to 
the %^rd day of Zafar, A.H, 1288. 

Witnesses. Mark of 

Sultan Padhl bin Muhsin bin Fadhl. (Sd.) Abdoollah bin Khadhae. 

„ Mohammed bin Muhsin bin 
Fadhl. 

Sheik Hussan Nooman, the 
Khaleefee. 

„ Abd Ahmed bin Moham- (Sd.) C. W. Trkmknukeee, 

MED Saebd^ the Atawee. lieudentn 

No. LXIX. 

Engag-ement entered into, on the 19tli February 1839, by Sheikh Mahomed Syxtd, iho 
Musaibee, and Sheikh Jwas Abdoollah, Sheikh Mahomed bin Ahmed, Sueiich: 
Koiel, of the Musaidee Territory of the Subaihees, and Co.mmander Haines, 
of the Indian Xavy, on behalf of the Honourable Fast India Company. 

Between us there shall be friendship and lasting peace ; our wishes sluill 
be one of kindness. Aden shall be at peace with us, and the sub jects of botli 
countries shall be at peace. No molestation or insult shall be offered in their 
intercourse with each other. 

Bated l^tk Felruary 1839. 

Signed by the Chieftains. 

Witnesses: 

(Sd.) Abdool Razzak, Cazee of Aden. 

Jafeer bin Moolla Abdoollah. 


No. LXX. 

Engagement of Peace and Friendship entered into, on the 20th February 1839, by Sheikh 

Mahommed bin Ali Busalee, of the Southern Sub-division of the Sobai her 

with Commander Haines, of the Indian Xavy, on behalf of the Honourablf IUst 
India Company. ' 


Between us there shall be lasting friendship and peace, and we 
to it m the presence of God. Our friendship shall bo as one. 




160 


Arabia—Aden— ITo. LXX. 


Part II 


There shall be peace with Aden^ and the subjects of my tribe and the 
subjects of the British shall have free intercourse^ and not be molested or 
insulted in either^s territory. 

Any breach of this Treaty^ or of the roads to the Red Sea being infested 
with robbers, shall be on the head of Sheikh Mahomed bin Ali, and he will 
be answerable that no Kafelas shall be molested. This Sheikh Mahomed bin 
Ali not only promises in his own district, but in that of the tribe of Artefee, 
whom he also controls. 

If property, either from Aden or from the Subee territory, wishes to pass 
through the other territorj^, it shall be respected and protected ; and for any 
infringement Sheikh Mahomed Busalee shall be answerable. 

Bated 20 1 A Pehruary 1839. 

(Sd.) Sheikh Mahomed bin Ali Al-Busalee. 

Witnesses : 

(Sd.) Stub Alowi. 

„ Ali bin Abdoollah. 

,, Sheikh Aksel El-Musaidbe. 

(Sd.) S, B. Haines. 


Teeaty between Sytjd Mahomed Jaefee bik Syitd Aideoos, Chief of Wahat and 
all under him, and Commandee Haines, Ag-ent of Goveenment. 

We agree to lasting peace and friendship. 

Aden is open for our free intercourse and friendship, and so is our country 
to each other, and both parties agree there shall be no oppression or insult. 

(Sd.) Stud Mahomed Jafebk bin Syud Aidroos. 

Bated %ncl Felruary 1839. 


Engagement entered into, on the 18th February 1839, between Sheikh Jwas bin Sallaam 
Al Abbadee and his tribe with Commandee Haines, of the Indian Havy, on behalf 
of the Honoueable East India Company. 

Between our respective territory there shall be peace and friendship, and 
Aden shall be at peace with the Abbadees. 

A free intercourse for barter shall be permitted without insult or oppres- 
sion; and in proof of the faith of this. Sheikh Jwas bin Sallaam agrees that 
this people shall not molest or plunder on the roads leading to Aden, and if 
any such misdemeanor occurs, he will be answerable. 

Bated IMh Pehruary 1839. 

(Sd.) Jwas bin Sallaam Al Abbadee. 


Witness : 

(Sd.) Syud Alowi. 


(Sd.) S. B.. Haines. 



Part II 


Arabia— Aden—iS'7ieri5£'6ee5—H o . LXX. 


167 


Engagement of Peace and Feiendship entered into, on the IStli Fcbrnarj 1839, by 
Sheikh Mehdi bin Alt Zabaree with Commaneer Haines, of the Indian Navy, 
on behalf of the Honourable East India Comi’any. 


Between ns and onr countries there shall be peace and friendship ; it shall 
be lasting ; our interest shall be one. 

We agree that Aden and the English shall be at peace with mj tribe, 
and that the subjects of either may enter the othcr''s territory, and shall 
neither be oppressed nor insulted, but treated with friendship. This wc 
promise on both sides. 


Whoever may enter Aden of Sheikh Mehdi^s tribe shall be respected 
and allowed free intercourse, attending, of course, to the laws. 

If robbery on the roads takes place, either by Sheikh Mehdi's tribe or 
any other within his district, he will be responsible. 

Bated the \Wi Felmary 1839- 


Witnesses : 


(Sd.) Sheikh Mehdi bin Ali. 


(Sd.) Mahomed Houssain. 

„ Syud Alowi. 


(Sd.) S. B. Haines. 


Engagement entered into, on the 18th February 1839, by the Shettcit of Zaidkk, SiiEHvfjt 
Sallah Al«Moidee, with Commander Haines, of the Indian Navy, on behalf of the 
Honourable East India Company. 

Between our respective countries there shall be peace and friendship, and 
Aden be at peace with us. The subjects of cither may enter the otlu'r^s 
territory without being subject to insult or oppression, merely attending t.o 
the laws. ^ 

Bated l?>th February 1839. 

(Sd.) Sheikh Sallah Al-Moidee. 

Witness : 

(Sd.) Abdool Razzak, Cazee, 

* (Sd.) S. B. Haines. 


Engagement of Friendship and Peace entered into, on tho lOth March 1839, by Aofn 
bin Yoosooe Al Sherzebee, with Captain Haines, of the Indian Navy, on Iwhalf 
of the Honourable East India Company. 


This paper is my witness, and is -written by Sheikh Kasim bin Synd 
™t®i'P>^etation is good. I am a friend, and a great friend 

with the English j it IS true and permanent friendship. I trust in Ood that 

it wiH never he otherwise, and that nothing wrong sliall ever take nlaee not 
e™. the slgltet My people ehall\„ter you, S 

mine, ns faends. WhaW the English please shall he done, aid there shall 



Arabia— Aden— No. LXXI. 


Part II 


15 S 


never be two words. I will always act upon your seal^ whatever it may be. 
Our friendship is known to God^ and He is witness to it. 

Bated l{)tk March 1839. 

(Sd.) Aoun bin Yoosooe Al Sherzebee. 

Witnesses : 


(Sd.) Syud Alowi bin Zain bin Stub Al-Aidroos. 

„ Hadjee Jafeer. 

,, Sheikh Othman. (Sd.) S. B. Haines, 

Political Agent. 


No. LXXI. 

Teanslation of an Agreement entered into by the Mansooree Section of the Subaihee 
Teibe for the Protection of the Roads at Aden. 

The reason of writing this is as follows : — 

Whereas there has been much delay and inconvenience caused to travellers 
in their journeys to and from Aden, this Agreement has been made with the 
Political Resident at Aden in order that henceforward facilities may be placed 
in the way of those who travel upon the roads. 

Therefore, we, whose names are hereunto subscribed, namely, Abdoollah 
bin Khadhar, the Mansooree, Nasir bin Khadhar, the Mansooree, Ahmed 
Tukkee, the Mansooree, Ibraheem Sayf, the Khaleefee, Ali bin Ahmed, the 
Khaleefee, Abd Ahmed bin Mohammed Saeed, the Atawee, Hassan Nooman, 
the Khaleefee, do hereby agree with Major-General Charles William Tremon- 
heere, c.b.. Political Resident at Aden, on the part of the British Government, 
as follows : — 

Article 1. 

That we hereby forego and relinquish all dues or taxes upon goods within 
our territory, or our roads, or in our markets, which have hitherto been levied 
upon travellers passing to or from Aden. 

Article 

That it is incumbent upon us to keep the roads secure and peaceful, 
and if any one belonging to our tribe plunders or otherwise injures travellers, 
we bind ourselves both to cause the restoration of the plundered property 
and in addition to punish the offender. 

Article 3. 

That if it can be shown that we have been lax or negligent in causing 
the restoration of the plundered property as above written, we bind ourselves 
to make good the same, and it shall be within the power of the Political 
Resident at Aden to satisfy the claim from any stipend which may be pay- 
able to us in commutation of the dues. 

Article 4. 

That it shall be within the power of the Political Resident at Aden, 
and at his discretion, to put an end to the payment of any stipend which 



Part II 


Arabia — Aden — Atafees — IDTo. LXXII. 


159 


we may receive in commutation of tlie dues^ and, in tliat case, it slaall be 
lawful for us to revert to the scale of dues formerly levied by us upon mer- 
chandize. 

AllTICLE 5. 

That should any plundering take place, or any outrages be committed 
within our territory by members of another tribe, we will endeavour to the 
utmost of our power to cause the restoration of the plundered property. 

Article 6. 

That there should be perpetual peace and friendship between us and 
the British Government and the friends and allies of the British Government. 

Article 7. 

That we are content to receive, in consideration of this Agreement, 
the sum of twenty-five Dollars ($25) monthly from- the Political Kesident 
at Aden. 

Aeticle 8. 

This Agreement is binding upon us and our successors and upon the 
British Government for ever, and shall be held to be in force from the 15th 
day of May A.n. 1871, answering to the 25th day of Zafar, a.ii. 12S8. 

Written on the l^th day of May A.D, 1871. 


Marks of 
(Sd.) 

Hassan Nooman, the Khaleefee. 


Abd Ahmed, the Atawee. 

3 ) 

Ali Bin Ahmed, the Khaleefee. 

33 

Ibraheem Save the „ 

33 

Ahmed Tukkee, the Mansooree. 

33 

Abdoollah bin Khadhah, the Man- 

33 

sooree. 

Nasir bin Khadar, the Mansooree. 


„ C. W. TllEMENliEERE, 

Witnessed by liemlenL 

Sultan Fadhl bin Muhsin of Lahej. 

,, Mohammed bin Muhsin bin Fadhl. 

Sheikh Saleh bin Ali, the Doobeynee. 

,, Abd-ool Kureem, the Mansooree. 

„ Salim bin Abdoollah, the Eajaie. 

Similar engagements entered into by the Makhdoomee and Eijaie sections 

of the Subaihees, 


No. LXXIL 

Translation of an Enoag-ement entered into by the Ataeee Chiefs for the Pbotection 
of Shipwrecked British Subjects. 

The reason of writing this is as follows 

That we whose names are hereunto subscribed, namely, Saleh bin Kajilb 
the Atafee, Ali bin Yehya, the Atafee, Khadhar bin Salim, the Atafec Saeed 



160 


Arabia—Aden— ]Sro. LXXII, 


Part II 


bin Ali bin Ali, the Atafee^ Ahmed Sa^ad Sherweet^ the Atafee^ Sa^ad bin 
Sherweetj the Atafee^ Nasir bin Saleh^ the Beleshee^ Ali bin Abdoollah^ the 
YusufeCj do hereby agree with Major-General Charles William Tremen- 
heere^ c.b.; Political Resident at Aden^ as follows 

Aeticle 1. 

That it is incumbent on us to preserve peace and foster security in our 
territory and upon our shores. 

Aeticle 2. 

That in the event of any steamer^ ship, or other vessel belonging to the 
British Government, or to a British subject, or to any other power, or to the 
subjects of any other power, being wrecked upon our shores, protection shall 
be accorded to her and her crew, and the latter shall receive good treatment. 

Aeticle 3. 

That should the crew, as aforesaid, wish to proceed to Aden, we will 
protect them and conduct them in safety to that place. 

Aeticle 4. 

That if any sailor, belonging to any vessel which may be at anchor in 
Aden, or the neighbouring harbours, or if any soldier belonging to the garrison 
of Aden, shall desert to our country, we will protect him and conduct him 
in safety to Aden to be dealt with there. 

Aeticle 5. 

That there shall be perpetual friendship between us and the British 
Government and the friends and allies thereof. 


Bated at Sheik Otliman, the \Mh day of May, A.B. 1871, answering to the 
i?>rd day of Zafar A.S, 1288. 


Marks of 

(Sd.) 

3 ) 

33 

33 

33 

33 

33 

33 

33 

33 

33 

33 

Witnessed, by 

Sultan Fadhl bin Muhsin bin 
Fadhl, the Abdallee. 

Sultan Mahommed bin Muhsin 
BIN Fadhl. 

Sheikh Salim bin Ghanimj 
the Somali. 

Abd-ool-Kurebm, the Mansooree. 
Sheikh Nasiu bin Sabed, 
the Makhdoomee. 


Sheikh Saleh bin Kajihj Atafee. 
Ali bin Yehya, Atafee. 
Khadhar bin SaliMj Atafee. 
Salih bin SaliMj Atafee. 

Salih bin Sabed^ Atafee. 

Kajih bin Muhsin, Atafee 
Kassim bin Hassan, Atafee. 
Sabed bin Ali, Atafee. 

Awah bin Raiih, Atafee. 

Nasir bin Saleh, Beleshee. 

Ali bin Abdoollah Yoosoofee. 
Saeed bin Shbrweet, Atafee. 


(Sd.) C. W. Tremenheere, 
Besident. 



Part II 


Arabia — Aden — Yaffaees—'No, LXXIII. 


lei 


No. LXXIII. 

Engagement of Eeiendship and Peace entered into, on the 12th February 1839, by Sheikh 
Absee bin Hyeee bin Ahmed Musaidee, of a district of the Yafpaees, and the 
accredited Agent from the ancient Chieftain Sultan Ali Ghalib, ol the Yaffaees, 
with CoMMANDEB Haines, of the Indian Navy, on behalf of the Honoubable East 
India Company. 

We agree that there shall be peace and friendship between us, and that 
the English at Aden shall be at peace with us. Should the subjects of eitlier 
country enter the other^s territory, they shall not be molested or insulted, but 
be considered as friends. 

If Kafelas from the Yaffaee district wish to enter Aden by the Gar 
Wallah territory for trade, they shall not be molested, but the property re- 
spected by both parties, and the owners allowed free intercourse and barter. 
They may export from Aden, and they shall be respected. 

Bated Aden, the 21st February 1839. 

(Sd.) SiiEtKH Hasil bin IIadke bin Aumed. 

Witness : 

(Sd.) Ali Abdoollah Stud Alowi. 


Litebal Teanslation of a Tbeaty concluded by Sultan Alt Ghalib and bis son Ahmkd 
bin Ali Ghalib, of the tribe of Yaffaee al Efefee. 

In the name of God, the merciful, the clement ! 

We faithfully agree, on the part of ourselves and those who arc subordi- 
nate to them, those* of the tribe of Yaffaee and tliose who arc de])endent on 
them, and of the tribe of Mureedea and Sayeedeh and those dependent on 
them, and for Commander Haines, Governor of Aden, for all and every 
belonging to them, on Sultan Muhsin Fuzil Obaid Ali, Commander Haines, 
Governor of Aden, and representative of tbe Company, and in tlie manner 
that went, the Sultan Obaid Ali, past and future, and those of the tribe who 
are gone and are coming, that they shall possess their own property, and that 
whatever they have shall be theirs, and whatever loss is occasioned to them in 
Lahej or round about it, or in its environs, or in Aden, or on the road of Aden, 
are included in the same Treaty concluded by Obain Ali, and if any injury is 
occasioned by the tribe of Yaffaee or by its dependants Ali Ghalib shall be 
responsible, and if at any time Ali Ghalib will render assistance to any one of 
the Sultans, or any one of the other tribes, the Treaty confirmed by God will 
be violated between us and him, and our hand and the hand of Sultan 
^ Muhsin shall be as one, and our friends and the friends of the Sultan shall 
be tbe same. If any of the above shall be plundered on the road of Lahej 
the Treaty will be infringed ; and if any thing which we have is broken or 
taken away, and if any one makes war in Lahej, or kills any one in Lahej, or 

VII 21 



162 


Arabia— Aden — Bowshahees—'^o. LXXIV. 


Part II 


in Aden^ or on the road o£ Aden, and it shall be known that that man is of 
the tribe of Yaffaee or one of its dependants, he (Sultan Ali Glialib) will be 
responsible. This Treaty of God which we have will never become old, but 
be always held to be new. We shall take what is agreed upon every six 
months, commencing the 1st Zilkad 1254 Hegira (18th January 1S39), and 
what is agreed upon will be taken by us, or by the Sultan, or by his son. 
This is what has been agreed upon and settled by Sultan Ali Ghalib and his 
son Ahmed bin Ali Ghalib, and has been agreed to by their representatives 
Hasil bin Ahmed bin Hadee and Hyder bin Ahmed, who have been sent by 
them, and they are the representatives of Ali Ghalib, and this is concluded 
this 25th day of Eubbee-ool-awul 1255 Hegira (8th June 1839). 

Witnesses : 

(Sd.) Syeb Mahomed bin Zain bin Boo Beicr. 

„ Kazee Abdool Exjza bin Ali Saab bin Musuood. 

„ Hasil bin Ahmeb bin Wadee, of the tribe of Mooreclee, 
Takeels of Ali Ghalib. 

„ Mahomed Ali Yehia. 

,, Jaefer Moonshee, of the Com.23anfs Govermiient. 

Hyder bin Ahmed Yafeaee, Valceel of Ali Ghalib. 


No. LXXIV. 

Teeaty of Teiendship and Peace between the English and Hazzabee Teibe. 
Bismillah Ir-Eehman Ir-llehiin Be Minnet Allah ! 

This agreement is between the Hazzabees for peace. On the part of 
Sheikh Abdoollah Hazzaab, Sheikh Hamed bin Abdoollah Hazzeeb Mukee 
Hazzabee, and Commander Haines, the English Agent, on the part of 
government. We are now friends, and promise peace and friendship, great 
and lasting friendship, and that our hearts and wishes are one. 

Further, that there shall be peace and friendship with Aden, and that any 
of our subjects or the subjects of Britain pass into each other's territory; 
neither party shall be insulted, or injured ; we are one. If the subjects of 
either do wrong, they are to be given over for punishment by their own laws. 

In the presence of 

(Sd.) Syud Alowi bin Aidroos Alt bin 

Boo Bekr Hashed Abdoollah. 

„ Sheikh Mahomed bin Abdoollah 
15th ZiLKADEH, ') HUZZEEB MuKEE HaZZABEB. 

&Ut January 1839. ) (Sd.) S. B. Haines. 



Part II 


Arabia — Aden — JSoiosJmhees — 23 o. LXXV . 


163 


No. LXXV. 

TfiANSLATioN of a Bond entered into by Sultan Mana bin Salam of tbe HowShabke, 
and liis son Salam bin Mana, of the Howshabee. 

Sultan Mana bin Salam of the Howshabee, and his son Salam bin 
Mana, of the Howshabee, declare of their own accord that they enter into 
an agreement with all those under them, belonging to Howshabee, their 
clans, and all those dependent upon them, the Chief of Haroor-ool-Awajeer, 
and the whole Howshabee, as before arranged with Commander Haint's, 
Governor of Aden, who sincerely agrees to pay the allowances received l)y 
them from Sultan Muhsin Padhl Abclalee. What has been arranged 
between them (Commander Haines and the Sultan) is that whatever belongs 
to tb# Sultans of Abdalee, former and succeeding, and to those of tlic 
Howshabee, former and succeeding, shall be theirs res])ectively. 

The Abdalee shall be responsible, as is agreed ui^on, for all outrages 
committed in Lahej, its neighbourhood, or within its limits, or in Aden, its 
roads, or within its boundaries, and Mana bin Salam for those perpeinited 
by the Howshabee, their clans, or those subject to them. In case Mana 
render any assistance to any other Sultan or tribe, tins Bond is to ))c con- 
sidered null and void. Our (Sultan Manaus) hand is the same as that of 
Sultan Muhsin Fadhl, and our friend is identical with Sultan Muhsin. lu 
the event of any plunder by any of the above tribes on the roads or in 
Lahej, the Bond which we have shall be considered null until we make 
restitution of whatever may be carried away. Should any one commit an 
assault or murder in Lahej or Aden, or on the roads, and should such person 
be proved to be one of the Howshabee or of their clans, lie shall be seized 
and considered an offender. This Bond is binding and lasting. We sbidl 
receive our allowance from government every six months, or a part, if neces- 
sary, after two months. This is to commence from the month of Zilkad 
Hegira 1254 (January, February 1839). The above ])eQ[)]e shall receive the 
allowance fixed for them through us, or tlie Sultan (Muhsin), or his 
children. These are the stipulations agreed upon by Sultan iMaiui bin Sahun 
and Salam bin Mana, and which arc mediated by Abce Muhsin bin 
Wngees bin Kassim Suffeeaii, who is Vakeel of the Howshabee. Theses points 
are agreed to on Friday, the 2nd Rubee-oos-sanee, Hegira 1255 (I4th June 
1839). The allowance fixed for the Howshabee is 628 Cooroosh Fransa per 
annum, half of which is 814 Cooroosh. 

Witnesses: 

Mahomed Houssain bin Wais bin Kassim Supfeban Japfbk, 

Translalor. 

Kazee Abdool Razzak bin Ai,i. 

Ali bin Abdoollah Ali. 



SENA.A. 

From Plai/fair^s Ilidory of Yemen and Pay^ers in the Foreign Office. 

About the beginning of .tbe seventeenth century^ the English obtained 
a firman from the Governor of Mocha for the establishment of a factory^ 
and permission to trade on payment of a duty on goods, not exceeding 3 per 
cent. This deed was confirmed by the Turkish Pasha of Yemen. About the 
same time the Dutch established a factory at Mocha, which was then the 
great depot for the trade of southern Arabia, and a century later a factory 
was %lso opened by the French. After the expulsion of the Turks in 1630, 
the whole of Yemen came under the government of the Imams of Senaa ; 
but at the time of Carsten Neibuhr^s visit to Senaa in 1763, the native Arab 
tribes of the provinces of Aden, Abu Arish, Taizz, and others had thrown 
off allegiance to the Imams. In 1799, when the British Govexnimcnt took 
measures to oppose the expected invasion of India by the French, and to 
revive the lost trade of the Bed Sea, Dr. Pringle was deputed to Senaa with 
prese*nts from the Governor General, and obtained from the Imam, Ali 
Munsoor, orders to the Governors of Mocha, Hodeida, and Lohaia to give 
every facility to trade. Two years afterwards an effort was made by Sir Home 
Popham, who had been constituted ambassador to the States of Aral>ia, to 
negotiate a commercial Treaty with Senaa ] but he was insulted by the 
Governor of Mocha, and the terms of the proposed Treaty were rejected by 
the Imam. 

At the beginning of the present century. Imam Ali Munsoor suffered 
severely at the hands of the Wahabees, who overran and wrested from him 
some of the best districts of his dominions. In 1816, however, Mahomed 
Ali Pasha, after he had destroyed the Wahabee power, restored these districts 
to Ahmed, the son and successor of Imam Ali Munsoor, in consideration of an 
annual tribute of one hundred thousand dollars. Ahmed was succeeded in 
1817 by his son, Abdoollah, who was unable to retain the provinces which 
had been restored to his father. 

In 1817, in consequence of a dispute in which an Arab had been tempo- 
rarily detained at the factory at Mocha, the Residency was attacked and 
plundered, and a British officer was dragged before the Governor^ by whom 
he was subjected to the most brutal insults. After some delay a British 
squadron was sent to demand satisfaction for this outrage. On 26 th December 



Part II . 


166 


Arabia—Senaa. 


18^0 tlie fort of Moeba was takeii^ and shortly afterwards a public apology 
was made for the insult offered to the British Government; and a Treaty 
(No. LXXVI.) was signed by the Imam of Senaa and his Council; defining 
the rights to be enjoyed by British subjects; and reducing the export duty on 
trade to per cent. This Treaty was framed in the most slovenly and dis- 
creditable way; and it was afterwards discovered that serious discrepancies 
existed between the English version and the Arabic counterpart. The Imam 
refused to allow any modification. To preserve friendly relations; the British 
Government yielded every point; except one in the sixth Article- The clause 
in the English version of that Article; which stipulated that the servants of 
the factory should be amenable only to the jurisdiction of the Resident; was 
altogether omitted in the Arabic. The Imam was informed that all other 
points were conceded; but that if he attempted to seize or punish any person; 
of whatever nation; in the exclusive employment of the Resident; the Resident 
would withdraw; and such further measures would be adopted as might seem 
to the British Government to be expedient. * 

In 1840 a commercial Treaty* was concluded with the Shereef of Mocha 
by Captain Moresby; similar to that concluded in the same year with the 


* Commercial Treaty entored into between Sheriff Hossein mn Ali bin Hydar bl Hassennee, Governor 
of Mocha, for himself and posterity, and Captain Kobert Moresby, of the Indian Navy, oii the part of 
the Hon’ble the East India Comi>any. 

It teing advantageous to both parties to enter into a treaty of peace and coimnerco, and 
that a mutual good miderstauding should exist between each other, Sheriff, Hossciri bin Ali bin 
Hydar ul Hossennee and Captain Tlohert Moresby of the Indian Navy being fully authorized to 
do so agree to the following Capitulations and Articles : — 

IsA — That frfendship and peace shall be lasting between the States of Mocha audits depen- 
dencies and the British Government. 

‘Znd . — That the English nation, and all vessels lawfully sailing under the British flag 
having merchandize of any description, shall be respected and permitted without the slightest 
prejudice or molestation of their persons or effects to enter and trade in the port or poi'ts of 
Mocha and its dependeucies. English born subjects paying a duty of 2^ per cent, upon all pro- 
duce, other British subjects paying duty according to the records of former treaties and custom, 
and the subjects of the Sheriff of Mocha shall pay the usual duty as heretofore paid in British 
ports. 

3?yZ.— The port of Mocha and the adjacent ports under the Government of Mocha are to be 
open to the introduction and reception of all goods, merchandize, &c., brought in ships or ves- 
sels lawfully trading under the British flag. Further, Sheriff Hossein bin xMi bin Hydar ul 
Hossennee will endeavour all in his power to introduce British produce into the interior States of 
Mocha and its dependencies. 

Mh . — Sheriff Hossein bin Ali bin Hydar ul Hossennee, Governor of Moeba, engages at all 
times to respect and regard tlie friendly advice of any authorized person belonging to the English 
Government, and agrees not to enter into any treaty or bond with any other European nation or 
person, without, in the first instance, bringing the subject to the notice of the British Government 
or anthoritic|8 at Aden, so that the same may in no maimer prove detrimental to bis friends, the 
English, find their commerce. In return for these conditions the English Government will ob- 
serve the interests of the States of Mocha and its dependencies, and do all in their power to assist 
in improving its commercial resources connected with’ the^ Articles, the Sheriff of Mocha 



Part II 


Arabia— Senaa. 


167 


Chief of Zaila. (See page 174). Shortly afterwards the British flag was cut 
down, and the duties levied from British subjects were raised to 9 per cent. 
As Mocha had hy this time fallen under the government of the Sublime Porte, 
it was doubtful whether Shereef Hossein had any right to conclude a Treaty as 
a principal. The British Government also objected to certain exclusive clauses 
in the Treaty, which were directed against the trade of other European 
nations. The dispute was amicably adjusted through Her Majesty's ambas- 
sador at Constantinople, but the Treaty was never ratified. 

Por many years the country of Senaa was in a state of absolute anarchy. 
In 1832 Mocha and all the sea coast fell under the suzerainty of the 
Turks. It was afterwards recovered for a time, but again finally lost in 1848. 
Ali Munsoor, who succeeded his father as Imam of Senaa in 1834, was 
deposed three years after. But he again succeeded to power in 1844, on the 
death of his uncle, only to be again deposed in 1845 liy Mahomed Xehia, 
a distant relative of the family. Mahomed Yehia, in 1849, swore allegiance 
to the Porte, and agreed to hold Senaa as a vassal of the Sultan, paying to 
him half the revenues and receiving a Turkish garrison in his capital. This 


and its dependencies is allowed to trade with any European nation, and Sheriff llofiseiu bin Ali 
bin Hydar ul Hossennee engagesnever to enter into any agreements or bond with any other Euro- 
pean power, and should he find any European or native power at enmity or war with the Eng- 
lish, he will cease communicating with such powers. 

Wi , — Any subjects of either power having committed crime or liffenco is to lie brought 
before the Judge or Cazec through the Government Agent, should it not he acttlod at tljin 
tribunal tbe British Agent and the Governor of the place will decide upon the case. 

— Sheriff Hossein bin Ali bin Hyder ul Hosscniico engages to resjjo(‘t and protect any 
merchants or other British subjects residing in his territories, provided the sanction of this 
Government he previously obtained, the British Government guaranteeing the same privilege 
to their people of Mocha and its dependencies. 

— In entering into any bond or treaty or trading with either Fairopean or other power, 
Sheriff Hossein bin Ali bin Hyder ul Hossennee engage that bond or treaty shall he lu'.eecled 
to or acquiesced in hy him which will either at the present or any future periqd prove detrimental 
to the interest of the English either in a political or commercial point of view', and in return for 
such agreement the British promise they will act in no manner which may bear an evil tendency 
towards the States of Mocha. 


8lh. — We, Sheriff Hossein bin Ali bin Hydar, ratified tbe above Articles for the benefit of 
both powers. 

In witness whereof w’-e, this first day of September 1840, corresponding with the third of 
of Radjnl 1256 of the Hedjere, have attached our seals. 


Translation of a Treaty hy J. Kalehatoon. 

(Sd.) Robert Moresby, 

Captain^ Indian JHavy, 

Mooha, Ist 8ept. 1840. 


N.JS . — At the conclusion of the 7th Article 
inserted hy Sheriff Hossiun that he does not 
wish any injuries to the British Government 
either from French or other European }K)vviu*8 
or Mahomed Ally Pasha, and In? will consider Uio 
enemies of the English are his, and his theirs. 



168 


Arabia—Senaa. 


Part II 


so incensed the inhabitants^ that they rose upon the Turks^ massacred them, 
and reinstated Ali Munsoor, who ordered Mahomed Yehia to be put to death. 
Within a few months Imam Ali Munsoor fell into the hands of Ghalib, the 
son of Mahomed Yehia, who contented himself with confiscating his property. 
The people of Senaa, however, refused to acknowledge the authority of Ghalib, 
and elected a Governor, Sheikh Ahmed A1 Khemiah, from among their own 
body. For some time Ghalib lived a profligate drunkard in an obscure village 
a few miles from Senaa, till 1858, when he was recalled and reinstated in the 
government with the title of £1 Hadi but with nominal power. During 
the internal I'e volutions in Senaa and the desultory warfare with the Turks, 
the Imams repeatedly endeavoured to enlist the aid and advice of the British 
Government in their cause, A rigid abstinence, however, was maintained 
from all interference in their affairs. 

In 1856 however, when the Beni Asseir tribe marched against Hodeida 
with a force 60,000 strong, they were deterred from attacking it by the 
presence of two British ships which had been sent there for the purpose 
of protecting British subjects and their property. Before the town surrendered 
cholera broke out in the camp of the besiegers and they retired in haste. 

In 1867 the Beni Asseir tribe broke out a second time into open insur- 
rection against the Turks and re-occupied the provinces from which they had 
been expelled. The disturbances were temporarily put down by Egyptian 
troops, but broke out again in November 1870. The Porte preferred 
to deal with the revolt without the aid of the Khedive, and a force of 
15,000 troops was despatched to Yemen by the Sultan. Before the arrival 
of this force in February 1872 the El Asseir had attacked Hodeida, but were 
repulsed by the Turkish garrison. The Turkish expeditionary force proceeded 
on arrival against Senaa, which was captured in April 1872, since when Yemen 
has been administered by a Turkish Governor General whose head-quarters 
are at Senaa. 



Part II 


Arabia— Senaa— Ho. LXXVI. 


169 


No. LXXVI, 

Teeaty concluded witli the Imam of Senaa on 15th January 1821. 

In explanation of the Articles which were settled between the Uineer 
Pnttnh-oolla^ the Agent for the Imam Mehdi^ the Chief of Seiiiui;, tlie (h'ty 
of Sam, and between the Agent of the English Government, Agha Mr. Bruce 
Khan, in the year 1236, and from the birth of Jesus 1821 : — 


English Version^ 

Auticle 1. 

“ That the Resident shall have a 
guard of the same strength as is 
allowed at Bagdad, Bussorah, and 
Bushire, of thirty men, to support his 
respectability. 

(Sd.) Wm. Bruce, 

Govt, dgent. 


Article 2. 

Th^t^ the Resident shall be exempt 
from all compliances degrading to the 
•character of the representative of the 
British Government ; that he shall 
have full liberty to ride on horseback 
when and where he pleases ; have free 
ingress and egress to all the gates of 
Mokha, amongst others of Sheikh Sha- 
deley, from which Europeans have hi- 
therto been excluded for some years 
past ; and shall have all the same liber- 
ty and freedom they have at Bushire, 
Bussorah, Bagdad, and Muscat. 

(Sd.) Wm. Bruce, 

Govt. Agent. 


Tramtation of the Ara'hic 
Counter2)(frt. 

Article 1. 

That the Resident (Vakeel) who 
may be stationed on the part of th<^ 
English Government at the port of 
Mokha shall have witli him {lif. 
there shall be with him) thirty 
Military from out of their army, 
like the Residents (^^akceIvs) jit 
Busrah, Bagdad, and Ubooshuhur 
(Busheer.) 

It is finished besides this. 

Signed hj six witneueji. 


Article 2. 

That the Resident (Vakeel) who 
may be stationed in the factory on 
the part of the British Government 
shall have {lit. there shall be to him) 
respect, attention, dignity, and (thar- 
acter near the Governor ; and those 
who are dependants of the British ^ 
Government may'” ride on horse, &c., 
and they may ride in any other 
mode as they may feel inclined, lie 
may go out of the cities and into 
the cities for pleasure, refreshing ins 
spirits ; and he may go out through 
the whole of the gates, especially 
out of the Shadullee. He may go 
out mounted on horses, &c., and he 
may enter mounted, being inde|)end- 
ent in his own mind (meaning as 
he pleases). It is necessary that 
there shall not be any to hinder 

22 


vii 



170 


Arabia— Senaa— Ho. IjXXVI, 


Bart II 


Auticle S. 

A piece of ground to be allotted for 
a cemetery ; and none of those under 
the British Government and flag to be 
spoken to or insulted on account of 
their religion. 

(Sd.) Wm. ButtcEj . 

Govt. Agent. 


Abticle 4. 

The Resident to have free permission 
to proceed to Senna and communicate 
with His Highness the Imam, when- 
ever he may deem it necessary to do so ; 
the Dola on these occasions furnishing 
a guard or escort if it should be deemed 
requisite. 

(Sd.) Wm. Beuce^ 

Govt. Agent. 


Aeticle 5. 

That the anchorage duty of (400 
G. C.) four hundred German crowns 
shall henceforth cease on British 
ships, which has hitherto been levied 
on all merchant ships when they landed 


him, nor any person shall say a word 
to him ; and to him (there shall be) 
respect as at the other ports, Bagdad, 
Busrah, Ubooshiihur, and the port 
of Muscat, 

It is finished besides this. 

Signed hj the six membefs of the 
Molcha CoimciL 

Aeticle 3. 

The dead of the English, that the 
Almighty and Supreme God orders 
their souls to be snatched away, 
there shall be a place appointed 
and set apart for them that they 
may bury their dead in it ; no one 
shall say to them, the practice of 
your ^ sect is such or such,^ it is not 
good.^*’ 

It is finished besides this. 

Signed hg the six members, 

Aeticle 4. 

The Agent (Vakeel) of the 
English Government who is sta- 
tioned at the port of Mokha, if it 
should please his mind to 'go out, 
he may go out to Senna to His 
Highness the Imam Mehdi for 
recreation of the mind. No one 
shall hinder him, and the Hakim of 
Mokha shall grant of his own army 
an escort for a safeguard on the road 
and there is nothing contrary to 
him. 

It is finished besides this. 

Signed by the six members. 

Aeticle 5. 

The merchant ships which are 
dependent on the English Govern- 
ment, there was a custom that they 
should pay 400 rials as anchorage 
duty; but from this day it ceases 



Part II 


Arabia — Sanaa — 'No. LXXVI. 


171 


cargoes. Hereafter no duty on this 
account shall he paid whether cargo 
is landed or not, the same as His 
Majesty^s ships and the Honourable 
Company's vessels of war. 

(Sd.) Wm. Bhtjce, 

Goi^t. Agent. 


Article 6. 

All subjects of the British Govern- 
ment trading to Mokha, and parti- 
cularly the merchants of Surat, shall 
do so under the protection of the 
British flag, (if of the Islam faith, 
and wish to settle their disputes accord- 
ing to the Mahomedan Sharah, they 
shall be at liberty to do so, a person on 
the part of the Resident attending,) 
and all differences among themselves 
shall be decided by the Resident; in the 
event of any of the Imam's subjects 
being concerned in the dispute, by an 
Agent on the part of the Resident (or 
himself if he pleases) and the Governor 
conjointly; if the Imam's subject is 
wrong, the Governor shall punish him ; 
if on the contrary the Resident. Also 
that all the dependents of the factory 
of every denomination, from broker 
downwards, shall be wholly under the 
protection of the British flag and 
control of the Resident, who shall alone 
possess the power of punishing them 
and redressing all complaints against 
them. 

This sixth Article has been expressly 
admitted by separate grant to Captain 
Bruce by His Highness the Imam. 

(Sd.) Wm. Bruce, 

Govt. Agent. 


there is nothing (leviable) on them ; 
their situation is that of the gov- 
ernment vessels and the King's 
ships. If its cargo should be 
brought on shore there is nothing 
(leviable) on them of the 4-00 rials. 
This affair was discussed and fixed 
without being referred to Senna, 
on the condition of the cessaiion of 
hostilities and the removal of the 
blockade of the port. 

It is finished besides this. 

Signed hg the six memhers. 
Article 6. 

That all merchants who are the 
dependants of the Englisli Govern- 
ment, under their protection and 
under their flag, may transact their 
affairs (trade) at the Bunder of 
Mokha, especially the natives of 
Surat. If there be Mussulm(ui 
among them, and disputes should 
happen between them, and any of 
them may desire (to have) the' law 
(Mussulman), no opposition is to 
be made to them (meaning to their 
wishes) . 

Whenever there may l)c (any 
dispute) hetween the people ('^Jii- 
mau4") of Resident, and the sub- 
jects of Mokha, a person m<ay come 
(be present) on the part of tlie Resi- 
dent before the Hakim of Moklia, 
who will observe in what manner 
the wrong has been committed, and 
by whom. If the native of tlio 
country be in the wrong, the Hakim 
of Mokha is to punish him, but if 
the crime or wrong should have been 
committed by the English military 
("'Uskur’'), then the Resident is to 
punish them. 

This Article, the sixth, is one o£ 
the two which were referred to tlie 
Imam Mehdi for his consideration, 
and the Shureefs answer having- 



172 


Arabia— Senaa— No. LXXVI. 


Part II 


Article 7. 

That tlie export duty on the British 
trade shall be hereafter 2 5 per eent._, 
the same as the French^ and not 3| as 
hitherto, and that the import duty 
shall be the same to the English and 
all their subjects, and no more shall be 
levied than per cent, upon imports 
and exports. 

This Article is expressly granted by 
separate Firman from His Highness 
as a particular mark of his friendship 
to the British nation. 

(Sd.) Wm. Bruce, 

GovL Agent. 

Mokha, ) 

Ichth Jamiarg 1821. ) 

(True copy.) 

(Sd.) Wm. Bruce, 

Govt, Agent, 

Signed and sealed by Umeer Futteh- 
oolla and all the members of the 
Mokha Council to each separate Article 
as also by Captain Bruce. 

Approved. 

(Sd.) John Kish Lumley, 
Capt. of II, M's Ship 
Topazef and Senior 
OJjicer. 


arrived, was (given into) the hands 
of Mr. Bruce, a copy being retained 
by the Umeer Futteh-oolla ; and on 
receipt of the answer, there was an 
argument between Mr. Bruce and 
the Umeer Futteh-oolla, the (sub- 
stance of) which is written above. 

Article 7. 

In regard to duties on what is 
exported from the port of Mokha, 
two dollars and a quarter shall be 
paid on one hundred, as the French, 
who pay two dollars and a quarter 
on the hundred, and the imports 
into the port of Mokha shall be like 
that for the English government 
and for the English merchants. 

This seventh Article is (one) of 
the two Articles which were referred 
for the consideration and decision 
of His Highness the Shureef Medhi, 
and to which the answer returned 
by the Shurreef was as follows : — 

We have reduced the duties three 
quarters of a dollar per cent, out of 
three dollars, and this is upon all 
goods imported into the port in the 
name of the English Sirkar and 
their merchants ,* there is not (to be) 
more (required) from them than two 
and a quarter dollars per cent, alone, 
both upon goods imported and on 
goods exported, and this is as a mark 
of our regard and respect for the 
said two (the English government 
and their merchants and for the 
preservation of the intercourse and 
friendship between us b oth, as was 
(the ease) with those who existed 
before us (in former times) . 

Bated Ru’bbee-oO’-sanee 1236 qf 
the Hegira A.B. 1821.^^ 


Sig^ied hg the six memhers. 



PART III. 


TREATIES AND ENGAGEMENTS 


RELATING TO 

AFRICA. 


DANKALI COAST & SHOA. 

The principal ports on the African coast^ op]:>osite to Adcn^ are Tajonra^ 
Zaila^ Bulhar^ and Berbera. Of these Tajoura lies to the west and the most 
easterly is Berbera. Tajonra and Zaila are the princi})al outlets of the trade ol! 
southern Abyssinia. Bui liar is an open roadstead which affords no sluilter to 
shipping ; it is used as a trading station by the Ayyal Yoonus subdivision of 
the Habr Awal tribe and when the I'oads to Berbera are rendered dang(‘rouB 
for travellers by inter-tribal quarrels. Berbera^ which is nearly opposite to 
Aden, furnishes live stock for the garrison and inhabitants of that s(^ttleinent. 
It is not a permanent town, but a collection of huts inhabited during the trad- 
ing season by a large Somali population, who have no acknowU‘dgt‘d lu^ud 
and are consequently incessantly at feud with one another. From June to 
October during the south-west monsoon it is almost desertt‘d. During the 
north-east monsoon Berbera affords a safe and commodious haibour Ibr 
shipping. 

Tajoura and Zaila . — In 1840 after the capture of Aden, it was diHuned 
necessary to secure command of the harbours of Tajoura and Zaila on the 
Dankali coast, in consequence of the reported despatch of a Fremdi expt^di- 
tion from Bordeaux to obtain a footing in Eastern Africa. Tajoura paid 
tribute to Zaila, though practically independent of it, and hoib i)laees wm'ci 
subject to the Imams of Senaa by whom Zaila was farmed to individuals 
who paid a yearly tribute for the rights of Governorship, levying taxes, 

The same system was pursued by the Egyptians after their ea.pture of Moiba. 
After the Egyptian evacuation of Yemen in 1<S40, Syud Mahomed F! Barr^ 



174 


Africa—Dankali Coast &: ShosL— Somalis, 


Part III 


who commanded the forces of the Shereef of Mocha and whose family had for 
years previously held Zaila under the Government of Mocha^ obtained 
possession of Zaila at a 5 "early rent of 500 dollars^ and during the revolutions 
which then and afterwards convulsed Yemen^ both he and the Tajoura Chief 
succeeded in making themselves independent. 

Accordingly a Treaty (No. LXXVII.) was concluded with Mahomed bin 
Mahomed; Chief of Tajoura; on the 19th August 1840; by which the Mussa 
islands were ceded to the British Government; and in September 1840 a 
Treaty (No. LXXVIII.) of the same tenor was signed by Syud Mahomed El 
BaiT; who ceded the island of Aubad. 

The principal Articles in the Treaties were those by which the Chiefs of 
Zaila and Tajoura bound themselves not to enter into any Treaty or Bond 
with any other European nation or person without; in the first instance; bring- 
ing the subject to the notice of the British Government at Aden. The British 
Government suggested a modification of these Treaties; and the omission 
of all clauses of an exclusive nature directed against the trade of other nations; 
but owing to the distracted state of Yemen and its dependencies; the 
alteration of the Treaties was not effected. 

Syud Mahomed El Barr subsequently leased Zaila to El Hajj Shermarki 
bin Ali Salih of the Habr Gerhajis tribe for a sum of 750 dollars per annum. 
When in 1848 Zaila and Tajoura fell under the Government of the Turks, 
who had intervened in the quarrels between the Shereef of Mocha and the 
Imam of Senaa and taken possession of Hodeida and the other towns of the 
Tehama or low country, Zaila was taken from the El Barr family and the 
lease was continued to Shermarki by the Turkish Governor of Mocha and 
Hodeida. In 1855 Shermarki was deposed, but reinstated on payment of a 
heavy fine to the Turkish authorities. In 1860 he was arrested by the 
French on suspicion of having been concerned in the previous year in the 
alleged murder near Zaila of the French Consular Agent at Aden. ' Fie was 
taken to Hodeida and thence to Jeddah where he died. Since then Zaila has 
been farmed by a Dankali Chief, A boo Bakr Shehem. . 

Somalis , — In 1825 a British vessel trading at Berbera was attacked 
and plundered by the Habr Awal tribe of Somalis. A vessel of war was 
sent to punish the tribe for the outrage which they had committed. On 6th 



Part III 


Africa— Dankali Coast & Skoa— SAoa. 


175 


February 1827 a Treaty o£ peace and commerce (No. LXXIX.) was signed 
by the elders of the tribe, by which they agreed to compensate the Captain 
of the vessel for his losses and to provide for the families of the men killed. 
They also bound themselves to allow British vessels to trade unrestrictedly 
at any port under the authority of the Sheikhs of the Habr Awal tribe. 

An expedition was sent in 1854 to explore the country between Bcrbera 
and Zanzibar. On the 18th of April 1855 the party were suddenly attacked 
by Somalis of the Eesa Moosa tribe ; two British officers were wounded, one 
was killed, and the entire property of the expedition was carried off. A 
demand was at once made on the Habr Awal tribe for the surrender and punish- 
ment of the chief offenders, and the demand was enforced by the blockade of 
Berbera. The elders of the tribe did their best to comply with the demand, 
but were unable to apprehend the actual murderers, who took refuge in the 
interior. The British Government at last consented to withdraw the blockade 
on the Somalis binding themselves by a Treaty (No. LXXX.) to use their 
utmost endeavours to deliver up the murderers, to allow free trade with tlicir 
territories, to abolish traffic in slaves, and to treat with respect any British 
Agent who might be deputed to see that the conditions of the Treaty were 
observed. 

In 1855 the elders of the Habr Gerhajis and the Habr Taljala tribes of 
Somalis entered into an Engagement (No. LXVII.) -with the Political 
Eesident at Aden to prohibit the slave-trade, and in 186G a similar aoroc- 
ment (No. LXXXI.) was concluded with Sultan Mahmood bin Yoosuf, Chief 
of the Mijjertain tribe of Somalis. 

In 1840, Sabela Selassie, King of Shoa in Southern Aby.ssinia, 
expressed a desire to cultivate the friendship of the British Government, and 
wrote to the Government of Bombay asking to be furnished with guns' and 
warlike stores. Shoa was then one of the most powerful and important 
. provinces in Abyssinia. It is inhabited by the Galla tribe. At the time wlien 
Sahela Selassie made these advances, the steam navigation of the Red Sea had 
given an exaggerated importance to the trade of Abyssinia. It was therefore 
determined to send a mission to the court of Shoa, with which country the 
French also appeared anxious to establish friendly connections. A commercial 
Treaty (LXXXII.) was concluded with the King on 15th November 1841. 

The intercourse of the British Government with Meiiilek, the present 
King, has been limited to the exchange of friendly letters and presents. 



Part III Africa— Dankali Coast & Shoa— No. LXXVII. 


177 


No. LXXVII. 

COMMEECIAL Teeaty entered into between Sultan Mahomed bin Mohummed, of Tajowea 
and Captain Robeet Moeesby, of the Indian Navy, on the part of the Honoueable 
East India Company. 

It being advantageous to both parties to enter into a Treaty of peace 
and commerce^ and that a mutual good understanding should exist between 
each other, more especially so, since Aden lias become a British port, we, 
Sultan Mahomed bin Mohummed and Captain Robert Moresby, of the Indian 
Navy, (being fully authorized so to do,) agree to the following capitulations 
and Articles : — 

Article 1. 

That friendship and peace shall be lasting between the State of Tajowra 
and its dependencies and the British Government. 

Article 2. 

That the English nation, and all vessels lawfully sailing under the British 
flag, having merchandise of any description on board, shall be respected and 
permitted, without the slightest prejudice or molestation to their persons or 
effects, to enter and trade in the port of, and all ports under the Government 
of Tajowra, paying a duty of five per cent, upou all produce. The subjects of 
the Sultan of Tajowra shall also be permitted the same privileges at all British 
ports. 

Article 3. 

The port of Tajowra and the adjacent ports, under the Government of 
Sultan Mahomed bin Mohummed, are to be open for the introduction and 
reception of all goods brought in ships or vessels lawfully trading under the 
British flag ; further, the Sultan of Tajowra will endeavour all in his power to 
introduce British produce into the interior States of Eiffatt, Shoa, and Abys- 
sinia, and in return the authorities at Aden will endeavour to encourage 
interior export trade through Tajowra. 

Article 4. 

Sultan Mahomed bin Mohummed, of Tajowra, engages at all times to 
respect and regard the friendly advice of any authorized person belonging to 
the British Government, and agrees not to enter into any other Treaty or 
Bond with any other European nation or person without, in the first instance, 
bringing the subject to the notice of the Government authorities at Aden, so 
that the same may in no ways prove detrimental to his friends, the English, or 
their commerce. In return for these conditions, the British Government will 
observe the interests of the State of Tajowra, and do all in their power 
assist in improving their commercial resources. 

Article 5. 

Any snbject of either power having committed crime or offence is 
to receive sentence awarded by their own Laws and Regulations. 

VII 


23 



178 


Africa—Dankali Coast & Shoa— iTayowm— ISTo. LXXVII. Part III 


Article 6. 

Sultan Mahomed bin Mohummed, of Tajowra^ engages to protect and 
respect anv British subject residing in his territories^ provided the sanction of 
his Government be previously obtained^ the British guaranteeing the same pri- 
vilege to the people of Tajowra and its dependencies. 

Article 7. 

In entering into any Bond gr Treaty, or trading with either European or 
other powers, Sultan Mahomed bin Moliummed engages that no Bond or 
Treaty shah be acceded to or acquiesced in by him which will, either at the 
present or at any future period, prove detrimental or injurious to the interests 
of the British, either in a political or commercial point of view, and in return 
for such agreement, the English promise that they will act in no manner which 
may have an evil tendency towards the States of Tajowra. 

Article 8. 

"We, Sultan Mahomed bin Mohummed and Captain Robert Moresby, of 
the Indian Navy, having met, and being mutually satisfied with each others 
powers, have ratified the above Articles for the benefit of bpth powers. 

In witness wliefeof we, this \ ^th day of August, in the year of out Lord 
one thou>sand eight hundred and forty, corresponding with the %%nd day of Jem^ 
madi-el-Ahhar, in the year of the Hegira one tho'usand two hundred and fifty -six ^ 
have attached our seals and signatures. 


Teakslatiojst of the Djeeb of Sale of the Island called Mtjssa, granted by Sultan 
Mahomed bin Mohummed to the British Government. 

In the name of the Most Merciful God ! 

The virtue of this writing is, that I, Sultan Mahomed bin Mohummed, 
Governor of Tajowra, I, for myself and posterity, bargained and granted the 
Island called ^^ 'Mussa^^ to the British Government for ten bags of rice. I 
agreed to and sold the said Island for the said quantity of rice, and it is belong- 
ing and pertaining to British Government. In the presence of the under- 
signed witnesses, and God is also witness between us, this 22nd Jemmadi-el- 
Akhar, in the year one thousand two hundred and fifty-six (1256) Hegira, or 
19th day of August 1840. 

(Sd.) Sultan Mahomed bin Mohummed. 

Witnesses ; 

(Sd.) Bemtha eben Mahomed, Minister, 

„ Aboobackee Muiuan. 

„ ShOmakee bin Ali. 

„ Hajee Abdool Russool, 

British Agent at Mocha, 

,, Robert Moresby, Captain I, N,, 

Commanding II, CJs Steam Frigate SesostrisF 
The l^th August 1840. 



Part III Africa— Bankali Coast & Shoa— Wo. LXXVIII. 


170 


No. LXXVIII. 

OoMMEECiAL Teeaty entered into between Syub Mahomed Bae, Goyeenoe of Zaida, for 
himself and posterity, and Captain Moeesby, of the Indian Nayy, on the part of the 
Honoueable East India Company. 

It being advantageous to both parties to enter into a Treaty of peace and 
commerce^ and that lasting friendship and good will should exist between each 
othei% we^ Syud Mahomed Baij Governor 'of Zaila^ and Captain liobert 
Moresby, of the Indian Navy, on account of the Honourable East India 
Company being fully authorized to do so, agree to the following capitulations 
and Articles 


Article 1. 

That the English nation and all vessels, ships and boats lawfully sailing 
under the British flag, commanded by European or Native subjects of the 
English, having merchandize of any description, shall be respected and 
permitted, without the slightest prejudice or molestation to their persons or 
effects, to enter and trade in the port of Zaila and all other ports under the 
Governor of Zaila, paying a duty of 5 per cent, upon all produce. The 
subjects of the Governor of Zaila shall also pay the same duty in all 
English ports. 


Article 2. 

The Governor of Zaila will endeavour all in his power to introduce British 
property and merchandize into the interior State of Zaila, and engages at all 
times to protect, respect and regard the person or persons of English and their 
subjects and friendly advice of any authorized person or Agent belonging to 
the British Government, who while at Zaila to be respected and regarded. 
The English on their part allow the same to be done in their port of Aden, or 
elsewhere, and to assist the trade from Zaila. 


Article 3. 

The Governor of Zaila engages not to enter into any Treaty or Bond 
with any other European nation or person, or allow other Europeans to settle 
in his territories, or pass through in any numbers, without bringing the 
subject, in the first instance, to the notice of the British Government at Aden, 
so that the same may be in no manner detrimental to his friends the English 
or their commerce, in return for which the English will do all in their power 
to assist the Governor of Zaila in improving his commercial resources. 


Article 4. 

• either power having committed crime or offence are to be 

punished by their own laws and customs of the countries they belong to. 



180 


Africa— Dankali Coast & ShoBSomalis—lNo, IiXXIX. Part III 


Article 5. 

Syud Mahomed Bar makes over the Island called Auhad near Zaila to the 
English Government for the harbour of their ships and vessels without any 
prohibition whatever. 

We, Syud Mahomed Bar, Governor of Zaila, and Captain Robert Moresby 
of the Indian Navy, on the part of the English Government of India, do ratify 
and agree to keep faithfully the above Articles that peace and friendship may 
be lasting between us : In witness whereof we have set our names and seals. 


Mokha, 

Tke 2^rd September 1840. 


} 


(Sd.) R. Moresby, Captain, 
Commanding C/s Steam Frigate Sesostris/^ 


No. LXXIX. 

Articles of Friendship and Commerce made between J. J. Gordon Bremer, Esq., c.b., 
Captain of His Britannic Majesty’s Ship Tamar, representing the English Nation 
in Northern Aerica, and the Sheiks of the Tribe of Habr Owul. 

Article 1. 

It is agreed that from henceforth there shall be peace and friendship 
between the subjects of His Majesty the King of England and the Sheikhs 
of the Habr Owul tribe and their men, and all other inhabitants of the coast 
of Africa over which they have authority and influence. 

Article 2. 

It is agreed that any vessels bearing the English flag which may come 
to the port of Berbera, (or any other port under the authority of the Sheikhs 
of the Habr Owul tribe,) for the purpose of trade shall not be molested or 
injured, but shall receive every protection and support from the said Sheiks, 
that they shall be at liberty to enter into any trade they may think fit to 
choose, and that they shall be at liberty to depart from the said port at their 
pleasure without impediment, injury, or molestation. 


Article 8. 

It is agreed that in like manner any vessels or persons belonging to the 
said Sheiks of Habr Owul tribe which shall come into any port belonging to 
His Majesty the King of England shall receive protection and support, and be 
treated in all respects the same as other vessels or persons trading to those 
ports. 




Part III Africa— Dankali Coast & Shoa— WTo. LXXX. 


181 


Article 4*. 

It is agreed that as an equivalent for the value of the British Brig 
Marianne and her cargo, which was plundered in the port of Berbera, there 
shall he paid by the said Sheiks of the Habr Owul tribe to the said Captain 
J. J. Gordon Bremer, c.b., or to some person duly authorized by him to 
receive it, the sum of fifteen thousand Spanish Dollars, or produce to the same 
amoui^ in three equal payments, that is to say, five thousand Dollars, or 
produce to that amount, this year 1827 and of the Hegira 1242, and the same 
sum in each of the two following years, that is to say, on or before the con- 
clusion of the trading season in the month of April, or two hundredth day of 
the Nowroz. 


Article 6. 

Two Lascars belonging to the British Brig Marianne having been killed 
when the said vessel was plundered and destroyed, the Sheiks of the Habr 
Owul tribe do hereby agree to pay the sum of 

Dollars for the support of the families of the murdered men, according to the 
Mahomedan law in such cases. 


Confirmed and sealed at Berber a, in Africa^ on the 6fJ& day of February 
in the year of onr Lord Jesus Christ 1827 and of the Hegira 242, the IQth day 
of the moon Rujub. 

(Sd.) J. J. Gordon Bremer, 

M. E* Bagnold, 

Witness : PoUL Agents Witness. 


Shurmarkay Alz Sauleh. 


(Signed) by Ismail Gella for himself, and Omar Kadim Hussin Ban and 
Ismail Goled, Sheiks of Habr Owul tribe. 


Approved by the Bombay Government on 10th May 1827. 


No. LXXX. 

Aeticles of Peace and Peiendship concluded between tlie Habe Owui. Tetbe of Somalees 
on the one part, and Brigadier William Marcus Coai|j.AN, Political Resident at 
Aden, on bebalf of the Honourable East India Company, on tlio other. 

Whereas on the 19th of April 1855, corresponding with the 1st of 
Shahan 1271, a treacherous attack and murder was perpetrated at the port of 
Berbera by a party of the Habr Owul tribe upon a party of British Oflicers 



182 


Africa—Dankali Coast & LXXX. Part III 


about to travel in that country^ with tbe consent and under the protection of 
the elders of tbe tribe^ in consequence of which outrage certain demands were 
made by the Government of India and enforced by a blockade of the Habr 
Owul coasts and whereas it has become apparent that the said tribe has ful- 
filled those conditions to the utmost of its ability and has prayed to be relieved 
from the blockade ; Therefore it is agreed — 


Article 1. 


# 


That the elders of the Habr Owul will use their best endeavours to deliver 
up On Ali, the murderer of Lieutenant Stroyan. 


Article 2. 

That until this be accomplished, the sub-tribe Esa Moosa, which now 
shelters, and any other tribe which may hereafter shelter, harbour, or protect 
him, the said Ou Ali shall be debarred from coming to Aden. 

Article 3. 

That all vessels sailing under the British flag shall have free permission 
to trade at the port of Berbera, or at any other place in the territories of the 
Harbr Owul, and that all British subjects shall enjoy perfect safety in every 
part of the said territories, and shall be permitted to trade or travel there 
under the protection of the elders of the tribe. In like manner shall the 
membei's of the Habr Owul tribe enjoy similar privileges at Aden or any 
other part of the British possessions. 

. . Article 4. 

The traffic in slaves throughout the Habr Owul territories, including the 
port of Berbera, shall cease for ever, and any slave or slaves who, contrary to 
this engagement, shall be introduced into the said territories shall be delivered 
up to the British, and the Commander of any vessel of Her Majesty^s or the 
Honourable East India Company's Navy shall have the power of demanding 
the surrender of such slave or slaves, and of supporting the demand by force 
of arms if necessary. 


Article 5. 

The Political Resident at Aden shall have the power to send an Agent to 
reside at Berbera during the season of the fair, should he deem such a course 
necessary, to see that the provisions of this Agreement are observed, and such 
Agent shall be treated with the respect and consideration due to the repre- ‘ 
sentative of the British Government. 

Article 6, 

That on a solemn promise being given by the elders of the Habr 
Owul faithfully to abide^by the Articles of this Agreement and to cause 



Part III Africa— Dankali Coast & Shoa— ISTo. IiXXX. 


183 


tlie rest of the tribe to do so likewise, and to deliver np to the Political 
Resident at Aden any party who may violate it, the blockade of the Habr 
Ownl coast shall be raised, and perpetual friendship shall exist between the 
British and the Habr Owul. 


Lone at Berhera this seventh clay of Noveniler one thousand eight hundred 
and fifty -six of the Christian era, corresjponding loith the eighth day of llubee- 
ool-Awut 07 ie thousand two hwidred and seve7ity-koo of the Hegira. 


Mark. 

(10 

Mahomed Arraleh, 

3} 

(2.) 

Ahmed Ali Bookeri 

33 

(3.) 

Noor Farrah, 

33 

(40 

Ahmed Ghalid, 

33 

(50 

Mahomed Wais, 

33 

(60 

Mxjggam Mahomed, 

33 

(70 

Robb LIE Hass ah. 

33 

(80 

Ateyah Hilder. 

33 

(90 

Farrah Benin, 

33 

(100 

Awadth Shermarkl 


Signed in my presence at Berbera on the 


Ayal Yoonus. 


Ayal Ahmed. 


MalcahiL 


...Ayal Ilamood. 
7th November 1856. 


(Sd.) W. M. COGHLAN, 

Political Resident. 
Ade7%, ^th November 1856. 


(Sd.) R. L. Playfair, 
Assistant Political Itesid&nt, Aden, 


Ratified by the Eight Honourable the Governor General in Council, at 
Forrt William, this twenty-third day of January 1867. 


(Sd.) 

Canning. 

33 

G-bo. Anson. 

33 

J. Dorin. 

33 

J. Low. 

33 

J. P. Grant. 

33 

B. Peacock. 


By order, 


(Sd.) G» F. Ejdmonstone, 
Secretary to the Government of India, 


184 


Africa— Daakali Coast & ShosL—SomaUs—l^fo. LXXXI. Part III 


No. LXXXI. 

Engagement concluded between Lieutenant-Colonel W. L. Meeewethee, c.b., Poli- 
tical Resident, Aden, and Sultan Mahmood bin Yoosoof, Chief of the Mejee- 
TEYN Teibe of Somalis and Eldees of tbe said tribe. 

Influenced by motives of bumanity and by a desire to conform to the 
principles on which the great English Government is conducted^ we lend a 
willing ear to the proposals of our friend, Lieutenant-Colonel William Lockyer 
Merewether, c.b., Political Resident at Aden, that we should covenant with 
him and each other to abolish and prohibit the exportation of slaves from any 
one part of Africa to any other place in Africa or Asia or elsewhere under our 
authority. We whose names and seals are set to this bond, as therefore in 
the sight of God and of men, solemnly proclaim our intention to prohibit the 
exportation of slaves from Africa by every means in our power: we will 
export none ourselves, nor permit our subjects to do so, and any vessel found 
carrying slaves shall be seized and confiscated and the slaves shall be released. 

Signed this twentieth day of February one thousand eight hundred and • 
sixty-six (4th of the month Shawal 128ji) at Bunder Mareea. 

(Sd.) Sultan Mahmood Yoosooe. „ 

Witness to the above. 

(Sd.) Moosa bin Yoosoof Othman. 

,, Samunter Othman. 

„ Aidroos Mahmood. 

(Sd.) W. L. Merewether, Lient.-Col.^ 

^ Political Resident^ Aden. 


Approved and confirmed by His Excellency the Viceroy and Governor 
General in Council, the 1 6th May 1866. 



Part III Africa— Dankali Coast & Shoa— >S^A£>«— liTo. LXXXII. 


185 


No. LXXXIL 

Teeaty of Amity and Commeece made and concluded between His Majesty Sahela 
Selassie, King of Shoa, Eeat and tbeCALLA, on tbe one part, and Captain William 
C oENWALLis Haeeis, under tbe autbbrity of His Excellency tbe Goveenoe of 
Bombay, in tbe name and on tbe bebalf of Hee Most Geacioits Majesty Victoria, 
Queen of Great Britain, Ireland, and tbe Indies, on tbe other part. 

■Wbereas commerce is a source of great wealtli and prosperity to all those 
nations who are firmly united in the bonds of reciprocal friendship^ and 
whereas the conclusion of a Treaty of perpetual amity and commerce betwixt 
Shoa and Great Britain^ which has already been desired by their respective 
Sovereigns^ would tend to the mutual advantage of both nations, and whereas 
tokens of amity and good will have been mutually exchanged between His 
Majesty of Shoa and Her Britannic Majesty, and whereas it is desiralile that 
the Articles and conditions should be specified, whereupon the desired com- 
mercial intercourse betwixt the two nations should be conducted: Now it is 
hereby declared, done, and agreed as follows : — 

Article 1. 

That a firm, free, and lasting friendship shall sulisist between Ilis Majesty 
Sahela Selassie, King of Shoa, Efat, and the Galla, and His lineal successors, 
and between Her Most Gracious Majesty Victoria, Queen of Great Britain, 
Ireland, and India, and Her lineal successors. 

Article 2. 

That for the purpose of preserving and maintaining the fricnully relations 
subsisting between the two nations. His Majesty of Shoa and His linc'al 
successors shall receive and cherish any ambassador or envoy whom her 
Britannic Majesty and Her lineal successors may see fit to appoint, and shall 
preserve inviolate all his peculiar rights and privileges. 

Article 3. 

That for the like purpose. Her Britannic Majesty and Her lineal successors 
shall in the same manner receive and cherish any ambassador or envoy whom 
His Majesty of Shoa and His lineal successors may see (It to appoint, and 
shall equally preserve inviolate all His peculiar rights and privileges. 

Article 4. 

That under the following conditions a commercial intercourse be allowed 
and encouraged betwixt the subjects of Shoa and the countries beyond that 
kingdom and the subjects of Great Britain. 

Article 5. 

That an import duty of five per cent, and no more shall be levied and 
received by His Majesty of Shoa and His lineal successors upon all British 
VII U 



186 


Africa— Dankali Coast 8z Sh.oSb—Shoa—’No, LXXXII. 


Part. Ill 


goods and merchandize imported into the kingdom^ whether for sale therein 
or in the countries beyond. 


Article 6. 

That this import duty of five per cent, shall be assessed upon the current 
value of the merchandize at the market place of Alio Amba, and shall be 
paid either in kind or in specie at the option of the merchant. 

Article 7. 

That the said import duty having been first duly discharged^ the merchant 
shall be at full liberty either to dispose of his goods within the territories of 
Shoa^ without prohibition to the buyer^ or to convey them elsewhere without 
restraint or molestation. 


Article 8. 

That British merchants shall be at liberty to purchase within the terri- 
tories of Shoa all such commodities as they may think proper^ whether the 
produce of those territories^ or imported from the countries beyond them, and 
export the same without the payment of any duty whatsoever. 

Article 9. 

That the goods and merchandize of all subjects of Shoa who may visit 
Great Britain shall in like manner be liable to no greater duties than are 
already levied^ or may hereafter be levied^ upon the immediate subjects of 
Great Britain. 


Article 10. 

That in view to the augmentation and promotion of commerce between 
Shoa and Great Britain His Majesty of Shoa and His lineal successors shall 
encourage all merchants to bring the produce of the interior of Africa through 
the dominions of Shoa^ and especially such articles as are best suited to the 
British market. 


Article 11. 

That with a like view^ Her Britannic Majesty and Her lineal successors 
will encourage British merchants to import into Shoa such articles as will 
prove most acceptable within the same. 

Article 12. 

That for the better security of merchants and their property, His Majesty 
of Shoa and His lineal successors, and Her Britannic Majesty and Her lineal 
successors, will, respectively, to the utmost of their power, endeavour to keep 
open and secure the avenues of approach betwixt the sea coast and Abyssinia. 



Part III Africa — Dankali Coast & Slioa—^/ioa — No. LXXXII. 


187 


Article 13. 

That with a view to the promotion and encouragement of reciprocal inter- 
course between the respective subjects of the two nations^ no hinderance or 
molestation he offered to British travellers, whether residing within the terri- 
tories of Shoa, or visiting the countries beyond. 

Article 14. 

That the effects of such travellers, not intended for sale, shall be liable to 
no duty of any sort, and shall in every respect be held personal and inviolable. 

Article 15. 

That in like manner, no subject of Shoa shall meet with any hinderance 
or obstruction whilst residing in any part of the dominions of Her Most 
Gracious Majesty Queen Victoria, nor shall he be prevented from proceeding 
beyond them at pleasure. 


Article 16. 

And, lastly, that a strict reciprocal observance of all thefoi'egoing Arti(d(‘S 
and conditions shall be regarded as a proof of the continued desire on the part 
of both the contracting Sovereigns for a lasting and pennaneut friciulslup. 

Made and concluded at Angollallahy the capital of the kingdom of Skoa^ 
on the tenth day of the month Iledar one thousand eight hundred and thirlyfour 
of the Abyssinian ara, corresponding with the sixteenth day of November^ in the 
year of our Lord one thousand eight hundred and forty-one being the twenty- 
ninth of the reign of His Majesty Sahela Selassie and the fifth of Her 
Majesty Queen Victoria. 

(Sd.) W. C. Harris. 


(Sd.) Sahela Selassie. 


Who is 
King of Shoa, 
Efat and 
I the Galla. 





SOCOTRA. 


The island of Socotra lies about 150 miles ofE Cape Guardafui on tbe 
African coast and 500 miles from Aden. The sovereignty of the island 
is vested in the El Afreer family of the Mahra tribe of Arabs who inhabit 
Kislieen on tlie mainland. 


Tlie connection of the British Government with Socotra commenced in 
1834, when Captain Boss of the Indian Navy was sent on a mission to 
Socotra and concluded an Agreement (No. LXXXIII.) with Sultan Ahmed bin 
Sultan of Fartash and his cousin, Sultan bin Amr of Kisheen, by which they 
consented to the landing and storage of coal on the island by the British 
Government. 

In 1835 negotiations were undertaken through Commander Haines with 
the Chief Amr bin Tawari for the purchase of the island, and in anticipa- 
tion of their success a detachment of European and native troops was sent 
to take possession. The Chief, however, displayed an unconquerable aversion 
from the sale of the island, or even from the cession of a portion of it as a 
coaling depot and the troops were withdrawn. 

In 1838 the Chief proposed to farm the island to the British Government, 
but the capture of Aden, while the proposal was under discussion, rendered it 
unnecessary to secure Socotra as a coaling station. 

Sultan Amr bin Tawari died about 1845 and was succeeded by his 
nephew, Abdoollah, who did not long survive him. He was followed by 
.Hameed bin Amr who transferred his residence to Socotra and died there a 
few years ago, leaving five sons. The two elder sons of Sultan Hameed bin 
Amr ruled in succession after the death of their father. The present Saltan 
Saood bin Hameed is the third son. He has two younger brothers, Salim 
and Isa. 

In January 1876 an Agreement (No. LXXXIV.) was concluded with the 
Sultan of Kisheen and Socotra, by which in consideration of a payment of 3,000 
dollars and an annual subsidy of 360 dollars, he bound himself, his heirs, and 



190 


Africa— Socotra. 


Part III 


successors never to cede^ sell^ or mortgage^ or otherwise give for occupation^ save 
to the British Government^ the island of Socotra or any of its dependencies 
the neighbouring islands. 

The area of the island of Socotra is about 1^000 square miles ; its popula- 
tion^ mostly Bedouin, about 5,000 souls. The revenues, which are collected 
in kind, amount to about 32.0 dollars. 

The Sultan receives a salute of nine guns. 



Part III 


Africa-Soeotra-TsTos. IiXXXIII. & LXXXIV. 


191 


No. LXXXIII. 

Teanslation of Ag-eeement witli tlie Sultan of Socotea. 

First the said Sultans do promise and agree to the British Government 
landing and storing on any part of the sea coast of the Island of Socotra any 
quantity of coals or other articles which may he sent now or hereafter from 
the British Government of India to he deposited on the Island. 

Secondly^ Captain Daniel Ross on the part of His Excellency the Right 
Honourable the Governor-General do promise that there shall he no interfer- 
ence with the laws and customs of the Island of Socotra or with the interior 
of the Island, or shall the inhabitants of such parts where the coals are 
deposited be ill-treated by the English vessels visiting the Island with the coals. 

(Sd.) Daniel Ross. 



(True copies.) 

(Sd.) W. H. Macnaghten, 

O^cixiing Secretary, 


No. LXXXIV. 

Teanslation of Ageeement entered into by the Sultan of Socotea. 

Praise be to God alone ! 

The object of writing this lawful and honorable bond is that it is hereby 
covenanted and agreed between Ali bin Abdulla bin Salem bin Saad bin 
Afreer, Sultan of Socotra, on the one part, and Brigadier-General John 
William Schneider, the Governor of Aden, on behalf of the British Govern- 
ment, on the other part, that the said Ali bin Abdulla bin Salem bin Saad bin 
Afreer, Sultan of Socotra, does pledge and bind himself, his heirs and suc- 
cessors, never.to cede, to sell, to mortgage, or otherwise give for occupation, 
save to the British Government, the Island of Socotra or any of its dependen- 
cies — the neighbouring islands. 

In consideration of the above covenant, the said Ali bin Abdulla bin 
Salem bin Saad bin Afreer, Sultan of Socotra, has received from Brigadier- 
General John William Schneider, the Governor of Aden, on behalf of himself, 
his heirs, and successoi's, an immediate payment of $3,000 (three thousand) . 
and he, his heirs and successors, shall further receive from the British Govern- 
ment a yearly subsidy of $360 (three hundred and sixty), it being understood 






192 


Africa-Socotra— Ko. LXXXIV. 


Part III 


that this stipend imposes on the aforesaid AH bin Abdulla bin Salem bin 
Saad bin Afreer^ Sultan of Socotra^ his heirs and successors^ the obligation 
of rendering assistance to any vessel^ whether belonging to the British or 
any other nation, that may be wrecked on the Island of Socotra, or on its 
dependencies — the neighbouring islands, and of protecting the crew, the 
passengers, and the cargo thereof, for which acts of friendship and good will 
towards the British Government a suitable reward will also be given to Ali 
bin Abdulla bin Salem bin Saad bin Afreer, Sultan of Socotra, and to his heirs 
and successors after him. 

In token of the conclusion of this lawful and honorable bond Ali bin 
Abdulla bin Salena bin Saad bin Afreer, Sultan of Socotra, and Brigadier- 
General John William Schneider, the Governor of Aden, the former for him- 
self, his heirs and successors, and the latter on behalf of the British Govern- 
ment, do each, in the presence of witnesses, affix their signatures on this twenty- 
sixth day of Zilhujjeh (a.h.) 129^, corresponding with the 2ord day of 
January (a.d.) 1876. 


(Signature in Vernacular.) 

(Sd.) J. W. ScHNEiDEE, BrigT.-GenLy 
Political Resident, Governor of Aden. 

Witnessed by — 

(Signature in Vernacular.) 

In the presence of — 

(Sd.) LiirnsAY Brine, 

Caj)tain of E. Majestfs Skip Briton P 


(Sd.) Saleh Jaeper, 

Interpreter to the Resident, 

On hoard, II. Mis Skip Briton f 
of Kiskeen. 


%2tr cl January 1876. 


(Sd.) Northbrook, 
Vicerog and Governor- General of India. 


Eatified by His Excellency the Viceroy and Governor-General of India 
at Calcutta on the first day of March 1876. 


(Sd.) T. li. Thornton, 

OJfg. Secg, to the Govt, of India, 



ZANZIBAR. 


The island of Zanzibar and the greater part of the eastern coast of 
Africa were conquered by the Portuguese in the beginning of the sixteenth 
century. Driven to despair by the tyranny of their rulers^ the inhabitants of 
Mombassa^ in 1698^, invited the assistance of the Imam of Muscat^ who 
expelled the Portuguese and put many of them to the sword. It was not till 
1784^ however^ in the time of Ahmed bin Saeed, that the Muscat Arabs 
established a permanent footing in the island of Zanzibar^ and even for many 
years afterwards till the accession of Syud Saeed in 1807 the subjection of 
Zanzibar was little more than nominal. 

In 1746 the people of Mombassa threw off allegiance to Muscat^ elected 
Sheikh Ahmed as their Sultan^ and maintained their iiidependeiiee till 1823^ when 
fearing the aggression of Syud Saeed^ Suleiman bin Ali El-Mazriii, the Sultan of 
Mombassa,, with the consent of the people,, put himself under British protec- 
tion. On 7th Pebruary 1824 a Convention was concluded withhim^ by which 
the port of Mombassa and its dependencies^ including the island of Pemba 
and the coast between Melinda and the river Pangani^ were placed under the 
protectorate of Great Britain. This engagement^ however^ was not ratified 
and in 1828 the ruler of Muscat sent a force against Mombassa which sur- 
rendered to him, 

■ 1 ;, 

The Zanzibar dominions extend from Toonger, the frontier of the Portu- 
guese territory south of Cape Delgado^ about 6G0 miles northward along the 
coast. In 1844 Syud Saeed of Muscat appointed his son^ Syud Khalid, as 
his deputy and successor in Zanzibar, and his son, Syud Thoweynee, in Muscat. 
Syud Khalid died in 1854, and Syud Saeed appointed a younger son, Syud 
Majid, to succeed him. 

On the death of Syud Saeed in 185G, his successor, Syud Thoweynee, laid 
claim to Zanzibar. He concluded an engagement, however, with his brother, 
Syud Majid, by which the latter was left in possession of the African domi- 
nions, subject to an annual payment of 40,000 crowns. A dispute soon arose 
regarding the nature of this payment and whether it implied the dependence 
of Zanzibar on Muscat. War was threatened, but both parties were persuaded 
to refer the question to the arbitration of tlie Governor-General of India and 
vu 25 



194 


Africa—Zanzibar, 


Part III 


to abide by his decision. A Commission was appointed to investigate the case. 
On the evidence obtained by this Commission^ Lord Canning gave an award 
(No. LXXXV.)^ to which both parties agreed, viz.y that Syiul Majid should be 
declared ruler o£ Zanzibar and the African dominions of the late Synd Saeed 
and be subject to an annual payment, -with arrears, of 40,000 crowns in 
perpetuity to Muscat, which payment was not to be considered as implying 
the dependence of Zanzibar on Muscat. 

On the death of Syiicl Thoweynee and succession of Syiid Salim in 1860 
(see Muscat, p. 77), Snltan Majid protested against the continuance of the 
subsidy on the ground that the engagement was personal to Syud Thoweynee, 
and that Syud Salim as a parricide conld not legally succeed his father. These 
arguments were untenable: the former because by the terms’ of the award 
each successor of Syud Thoweynee was entitled to claim the subsidy from Zan- 
zibar, and the latter because Syud Salim was cle faclo ruler of Muscat and had 
been recognized as such by the British Government. Syud Majid was therefore 
required to pay up the subsidy with arrears ; this he expressed his willingness 
to do through the medium of the British Government. Accordingly in 
May 1868 the arrears due to Muscat were paid into the Bombay treasury, and 
made over to Syud Salim after deducting the sums advanced to him in antici- 
pation of the payment of the subsidy. 

Syud Majid died in October 1870 and was succeeded by his brother, 
Syud Burghash, the present Sultan of Zanzibar. In 1859 Syud Burghash 
had openly rebelled against his brother', to whom the aid of British, troops 
was given. He then surrendered and entered into a formal agreement with 
Syud Majid to quit Zanzibar, not to plot against him, and always to act 
according to the advice of the British Government. After some delay, 
during which he again endeavoured to resist his brother's authority, Syud 
Burghash proceeded to Bombay. He was subsequently permitted by Syud 
Majid to return to Zanzibar and remained there without attempting to 
weaken his brother’s authority, though the latter steadily refused to be recon- 
ciled to him, until his accession to power. 

By the arrangement now in force the payment of the subsidy to Syud 
Toorkee, the present ruler of Muscat, is guaranteed l)y the British Govern- 
ment, but the Sultan of Zanzibar has not been formally relieved of the 
obligation imposed upon him l>y Lord Canning’s award. 



Part III 


Africa— Zanzibar. 


196 


The Sultan of Zanzibar is of course bound by those Articles of the 
Treaties concluded with his late father which refer to Zanzibar. There was 
no Treaty prohibition regarding the transport of slaves from port to port in 
the Zanzibar dominions, but in 1863 Syud Majid made two concessions, by 
the first of which he prohibited the transport of slaves from one port in his 
dominions to another during the slave season, that is, from 1st January to 
30th April in each year, and by the second gave authority to British cruisers 
to seize any slave carrying vessels unprovided with a custom house manifest, 
or having on board any slaves in excess of the number stated in the manifest. 

In spite of the efforts which Syud Majid had made by the issue of 
stringent rules and threats of confiscating the vessels of the northern Arabs 
who visited Zanzibar for the purpose of exporting' slaves to the Persian G ulf 
and Arabia, to check this nefarious traffic, large numbers of slaves contiimed 
to be carried off from the east coast of Africa. As therefore the existing’ 

o 

Treaty provisions witK the Sultan. o£ Zanzibar for the suppression of the 
export trade in slaves were found to he iusufScicut for the attainment of the 
objects with which these engagements were framed. Sir Bartle Frcre was 
deputed in 1872 as Her Majesty^s special eiwoy with full powers to conclude 
such arrangements as might be necessaiy for the effectual suppression of the 
exportation of slaves from the dominions of the Sultan. Syud Bui-ghash after 
some discussion signed the Treaty (No. LXXXVI.) on the 5th Juno 1878. 
Some doubts having arisen as to the interpretation of Article 1 of this Treaty, 
advantage was taken of the Sultan’s presence in London in July 1875 to remove 
them by a supplementary Treaty (No. LXXXVII.) declaratory of the inten- 
tions of the parties. 

In April 1876 the Sultan issued Proclamations (Nos. LXXXVIIl. and 
LXXXIX.) prohibiting the conveyance of slaves by land under any condi- 
tions, the arrival of slave caravans from the interior, and the fitting out of 
slave-hunting expeditions by his subjects. ' 

There is a Political Agent and Consul-General at Zanzibar who is also 
Consul for the Comoro Islands. As Political Agent he has the powers 
of a Justice of the Peace and Magistrate of the 1st class, and in cases corning 
under the slavery sections of the Indian Penal Code those of a Deputy 
Commissioner under Section 36 of the Criminal Procedure Code. As Consul- 
General his jurisdiction is defined by the Order in Council of 9 th 


^ See Appendix No. TJIL 



196 


Africa— Zanzibar. 


Part III 


August 1866. The Assistant Political Agent at Zanzibar having also been 
appointed British Vice-Consul has similar powers under the Order in 
Council. 

There is a large Indian community at Zanzibar composed chiefly of Bhat- 
tiaS; Khojas, Bohras, and Memons, who practically monopolize the export coast 
trade. The whole of these Indian residents with a few exceptions have a claim 
to British protection and are amenable to British jurisdiction. The number 
settled in Zanzibar itself may be estimated at 2,900, those living on the 
mainland at 1,300 souls. The revenue of the Sultan is almost entirely derived 
from the customs duties which are farmed at present to a Bombay firm for 
an annual payment of three lakhs of dollars. 

Commercial Treaties were concluded by Syud Saeed as ruler of Muscat 
and Zanzibar with America * in 1833, and with France f in 1844. A com- 
mercial Treaty was also concluded by Syud Majid with the Hanseatic 
Eepublics J in 1859. 


* See Appendix No. IX, 


t See Ai^pendix No. X. 


J Sec Api)endix No. XL 



Part III 


Afriea-Zanzilbar-lTo. LXXXV. 


197 


No. LXXXV. 

Lettee to His Highness Stud Majeed bin Saeed of Zanzibar. 

Beloved and Esteemed Friend^ — I address your Highness on the subject 
of the unhappy differences which have arisen between yourself and your 
Highness*' brother the Imam of Muscat^ and for the settlement of which your 
Highness has engaged to accept the arbitration of the Viceroy and Governor 
General of India. 

Having regard to the friendty relations which have always existed between 
the Government of Her Majesty the Queen and the Government of Oman 
and Zanzibar, and desiring to prevent war between kinsmen, I accepted' the 
charge of arbitration between you, and in order to obtain the fullest knowledge 
of all the points in dispute, I directed the Government of Bombay to send an 
Officer to Muscat and Zanzibar to make the necessary enquiries. Brigadier 
Coghlan was selected for this purpose, an Officer in whose judgment, in- 
telligence, and impartiality the Government of India reposes the utmost 
confidence. 

Brigadier Coghlan has submitted a full and clear report of all the questions 
at issue between your tiighness and your brother. 

I have given my most careful attention to each of these questions. 

The terms of my decision are as follows : — 

— That His Highness Syud Majeed be declared ruler of Zanzibar and 
the African dominions of his late Highness Syud Saeed. 

— That the ruler of Zanzibar pay annually to the ruler of Muscat a 
subsidy of 40,000 crowns. 

3r^?. — That His Highness Syud Majeed pay to His Highness Syud 
Thowaynee the arrears of subsidy for two years or 80,000 crowns. 

I am satisfied that these terms are just and honourable to both of you ; 
and as you have deliberately and solemnly accejited my arbitration, I shall 
expect that you will cheerfully and faithfully abide by them, and that they 
will be carried out without unnecessary delay. 

The annual payment of 40,000 crowns is not to be understood as a re- 
cognition of the dependence of Zanzibar upon Muscat, neither is it to be 
considered as merely personal between your Highness and your brother Syud 
Thowaynee. It is to extend to your respective successors, and is to be held to 
be a final and permanent arrangement, compensating the luiler of Muscat for 
the abandonment of all claims upon Zanzibar and adjusting the inequality 
between the two inheritances derived from your father. His late Highness 
Syud Saeed, the venerated friend of the British Government, which two in- 
heritances are to be henceforward distinct and separate. 

I am, 

Your Highness^ 

Fort William, 1 Sincere friend and well wisher, 

The Ind Ap'il 186L ) (Sd.) Canning. 



198 


Africa—Zanzibar—ITo. LXXXV. 


Part III 


Teanslation of au Arabic letter from His Highness Syud Majeed bin Saeed, Sultan 
of Zanzibar, to Lieutenant-Colonel C. P. Kigby, Her Majesty’s Consul at Zan- 
ziBAR, dated Zanzibar, the 19tb day of the montli of Zilbej, in the year 1277, Hegira, 
corresponding to tlie 29 tb June 1861. 

After compliments^ — I desire to inform you that I have been very 
much gratified by the receipt of the letters from His Lordship the Governor 
General of India and His Excellency the Governor of Bombay^ conveying to 
me the intelligence of the settlement of ther disputes which existed between 
myself and my brother Thowaynee bin Saeed. And, regarding the decision, 
that I shall pay to my brother Thowaynee the sum of 40,000 crowns annually, 
and also the sum of 80,000 crowns on account of arrears for two years, 
I agree to pay these sums, and I accept and am satisfied with the terms of the 
decision, and they are binding on me, and it is the desire of the British 
Government (Javab el Sircar) that each of us, that is, myself and my brother 
Thowaynee, shall be independent of each other in his own dominions and 
Sultan over his own subjects, that is to say, that Zanzibar and the Islands 
(Pemba and Monfea), and the dominions on the continent of Africa dependent 
upon it, shall be subject to me, and that Muscat and its dependencies, with 
the land of Oman, shall be subject to my brother Thowaynee bin Saeed, and 
that we should dwell in peace and friendly alliance the one with the other, as 
is customary between brothers. I pray that it may be so, if it please God. 
I feel very much obliged to the British Government for all its kindness and 
favour, and for having averted from my dominions disorders and hostilities. 
During my life-time I shall never forget the kindness which it has shown to 
me. And now what I desire from you is this, that you will mention to His 
Lordship the Governor General of India that he should kindly determine 
that the payment of the 40,000 crowns per annum to my brother Thowaynee 
shall be settled as follows, viz,, that 20,000 crowns shall be due and pajable 
each year at the Mousim,^^ (about April, when the south-west monsoon sets 
in,) and that the other 20,000 crowns shall be due and payable each year at 
the Damam,^'’ (about September, October, when the annual accounts are made 
up, and the revenue from the customs is paid,) in like manner as I before 
agreed to do when I made the arrangement, through my cousin Mahomed bin 
Salim, to pay 40,000 crowns annually to Muscat. 

And respecting the 80,000 crowns, arrears for two years, that it shall l)e 
paid as soon as I can possibly do so. 

This I desire, in order that there may be no ground of dispute hereafter. 

This is what I wish for from the friendship of the Government. 

And for whatsoever you may desire from me the sign is with you. 

From the confiding slave in God^s mercy, Majeed bin Saeed. 


Written on the \^th dan/ of the month of Zilliej, in the //ear 1277 of the 
Hegira, correqwnding to the %%th June A.jD. 1861. 



Part III 


Africa—Zanzibai'-— l^To. LXXXVI. 


199 


From tlie Sultan of Zanzibae, to tlie Eight I-Ionoueable tlie Goveenoe General, 
dated Zilliej a.h. 1267, corresxmnding with 25th *^iie 1861. 

After usual conix)limentSj — My chief object in addressing* this friendly 
letter to your Excellency is to enquire after your health. May the Alnaighty 
.always protect your Excellency from all evils. As to myself^ who am under 
great obligations to your Excellency^ I beg to state that by the grace of God^ 
and under your ausjpiees^, I am in the enjoyment of good health. I offer my 
prayers to the Almighty for your long life and for the destruction of your 
enemies. Your Excellency's kind letter reached me at an aus^hcious time^ and 
I have become fully acquainted with its contents. When I referred to your 
Excellency for settlement the dispute which long existed between myself and 
my brother Syud Thowaynee bin Saeed^ I made up my mind to act up to any 
award which you might pass on the case. I agree^ as directed by your 
Excellency^ to pay to my said brother the sum of 40,000 crowns annually, 
and 80,000 crowns on account of arrears for the last two years. 

Considering me as a sincere friend, your Excellency will not, I hope, 
forget me, and I will cheerfully execute any commissions which shall be 
entrusted to me by your Excellency. 


To His Highness Sxud bin Saeed, Sultan of Zanzibar. 

Beloved and Esteemed Friend, — I have received with much satisfaction 
your friendly letter dated 15th Zilhej a. h. 1277. I am gratified to learn that 
my award for the settlement of the disputes which long existed between 
yourself and your brother Syud Thowaynee bin Saeed, the ruler of Muscat, 
has given satisfaction to your Highness. 

The terms of the arbitration will be fulfilled if the sum of 40,000 
crowns, payable to joiiv brother annually, be paid by two instalments, 
the first at the Mousim and the second at the Damara. 

I beg to express the high consideration I entertain of your Highness, 
and to subscribe myself. 

Your Highness^ sincere friend, 

T/ie 22ncl Angmt 1861. (Sd.) Canning. 


No. LXXXVI. 


Treaty between Her Majesty and the Sultan of Zanzibar for the suppression of the 

Slave Teade. 


Signed at Zanzibar^ 1873. 


In the Name of the Most High God. 

Her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland, and His Highness the Seyyid Barghash-biii-Said, Sultan of ‘Zanziliar, 



200 Afriea—Zanzibai’— No. LXXXVI. • Part III 


being* desirous to give more complete effect to the engagements entered into 
by the Sultan and his predecessors for the perpetual abolition of the Slave 
Trade, they have appointed as their Representatives to conclude a new Treaty 
for this purpose, which shall be binding upon themselves, their heirs and 
successors, that is to say, Her Majesty the Glueen of Great Britain and 
Ireland has appointed to that end John Kirk, the Agent of the English 
Government at Zanzibar ; and His Highness the Seyyid Barghash, the Sultan 
of Zanzibar, has appointed to that end Nasir-bin-Said, and the two afore- 
named, after having communicated to each other their respective full powers 
have agreed upon and concluded the following Articles : — 

Auticle I. 

The provisions of the existing Treaties having proved ineffectual for 
preventing the export of slaves from the territories of the Sultan of 
Zanzibar in Africa, Her Majesty the Queen and His Highness the Sultan 
above named agree that from this date the export of slaves from the coast of 
the mainland of Africa, whether destined for transport from one part of the 
Sultanas dominions to another or for conveyance to foreign parts, shall entirely 
cease. And His Highness the Sultan binds himself, to the best of his ability, 
to make an effectual arrangement throughout his dominions to prevent and 
abolish the same. And any vessel engaged in the transport or conveyance 
of slaves after this date shall be liable to seizure and condemnation by all 
such Naval or other Officers or Agents and such Courts as may be authorized 
for that purpose on the part of Her Majesty. 

Article II. 

His Highness the Sultan engages that all piihlic markets in his dominions 
for the buying and selling of imported slaves shall be entirely closed. 

Article III. 

His Highness tbe Sultan above named engages to protect, to tlie utmost 
o£ his ability, all liberated slaves, and to punish severely any attempt to 
molest them or to reduce them again to slaveiy. 

Article IV. 

Her Britannic Majesty engages that natives of Indian States under 
British protection shall be prohibited from possessing slaves, and from acephr- 
ing any fresh slaves in the meantime, from this date.^ 

Article V. 

The present Treaty shall be ratified, and the ratifications shall be ex- 
changed, at Zanzibar, as soon as possible, but in any case in the course of the 
9th of Eabia-el-Akhir [5th of June, 1873] of the months of the date hereof.* 


^ The Sultan of Zanzibar’s ’Ratification was attached to the original Treaty, That of Her 
Majesty was delivered to the Sultan in September 1873. 



Part III 


Africa— Zanzibar—Ho. LXXXVII. 


201 ' 


In witness whereof the respective Plenipotentiaries have signed the same^ 
and have affixed their seals to this Treaty^ made the 5th of June 1873, corre- 
sponding to the 9th of the month Kahia-el-Akhir, 1290. 

(Sd.) John Kirk, 

'Political Agenty Zanzilar. 

The mean in God^s sight, 

(Sd.) Nasir-bin-said-bin- Abdallah, 

With his own hand. 

The humble, the poor, 

(Sd.) Bargash-bin-Satd, 

With his own hand. 


No. LXXXVII. 

Treaty between Her Majesty and the Sultan of Zanzibar, supplementary to the Treaty 
for the Suppression of the Slave-Trade of June 5th, 1873. 

Signed at London^ July 1875. 

{Ratifications exchanged at Zanzibar j September 1875.] 

Her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland, and His Highness the Seyyid Barghash-hin-Said, Sultan of Zanzibar, 
having concluded a Treaty of Zanzibar on the. 5th June 1873, corresponding 
to the 9th of the month of Rabia-el-Akhir, A.H. 1290, for the abolition of 
the slave-trade, and whereas doubts have arisen or may arise in regard to the 
interpretation of that Treaty, Her Britannic Majesty and His Highness the 
Sultan of Zanzibar have resolved to conclude a further Treaty on this subject 
and have for this purpose named as their Plenipotentiaries, that is to say : 

Her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland, the Right Hon^ble Edward Henry, Earl of Derby, Baron Stanley of 
Bickerstaffe, a Peer and a Baronet of England, Her Majesty^s Principal 
Secretary of State for Foreign Affairs, &c., &c., &c. ; 

And His Highness the Seyyid Barghash-bin-Said, Sultan of Zanzibar, 
Nasir-bin Said-bin Abdallah ; 

Who, after having communicated to each other their respective full 
powers, have agreed upon and concluded the following Articles : — 

Article I. 

The presence on board of a vessel of domestic slaves in attendance on or 
in discharge of the legitimate business of their masters, or of slaves bona fide 
employed in the navigation of the vessels shall in no case of itself jiistify the 
seizure and condemnation of the vessel provided that such slaves are not 

26 


Vll 



202 


Africa-Zanzibar— No. LXXXVII. Part III 


detained on board against their will. If any such slaves are detained on board 
against their will they shall be freed, but the vessel shall^ nevertheless^ not on 
that account alone be condemned. 

Article II. 

All vessels found conveying slaves (other than domestic slaves in attend- 
ance on or in the discharge of the legitimate business of their masters^ or 
slaves lond fide employed in the navigation of the vessels) to or from any 
part of His Highness'’ dominions^ or of any foreign country^ whether such 
slaves be destined for sale or not^ shall be deemed guilty of carrying on the 
slave-trade^ and may be seized by any of Her Majesty^s ships of war and 
condemned by any British Court exercising Admiralty jurisdiction. 

Auticle III. 

The present Treaty shall be ratified, and the ratifications shall be ex- 
changed at Zanzibar as soon as possible.'^ 

In witness whereof the respective Plenipotentiaries have signed the same, 
and have affixed thereto their seals. 

Done at London the fourteenth day of July, in the year of Grace One 
thousand eight hundred and seventy-five. 


L. S. 


Derby. 


L. s. 


NAsiR-Bm-SAiD- A bdallah. 


This is ratified. 


Bargash-bin-Said. 


BATIFICATION. 

We having seen and considered the Treaty aforesaid, have approved, 
accepted, and confirmed the same in all and every one of its articles and 
clauses, as we do by these presents approve, accept, confirm, and ratify it for 
ourselves, our heirs and successors; engaging and promising upon our Boyal 


^ The Sultan o£ Zanzihar’s ratiiicatioii is attached to the original Treaty. That of Her 
Majesty was delivered to the Sultan in Zanzibar, 20th September 18^5. 





Part III 


Africa—Zanzibar— ITo. LXXXVIII. 


203 


word tliat we will sincerely and faitMully perform and observe all and singular 
the things which are contained and expressed in the Treaty aforesaid^ and that 
we will never suffer the same to be violated by any one or transgressed in any 
manner as far as it lies in our power. For the greater testimony and validity 
of all which, we have caused the Great Seal of our United Kingdom of Great 
Britain and Ireland to be affixed to these presents which we have signed 
with our Royal hand. Given at our Court at Osborne the twenty-fourth day 
of July in the year of our Lord eighteen hundred and seventy-five and in 
the thirty-ninth year of our reign. 

(Sd.) ViCToniA R. 

On the 20th September 1875 the above Ratification was given in due 
form to His Highness Syud Barghash at Zanzibar in exchange for His High- 
ness^ Ratification attached to the original Treaty. 

(Sd.) John Kirk, 

Her Majestfs Agent ^ Consul-General, 


No. LXXXVIII. 

Proclamation by the Sultan of Zanzibar, forbidding the conveyance of slaves by land. 
In t£e Name of God, the Merciful, the Compassionate, 


Seal of H. 
H. Seyed 
Barghash. 


Prom Barghash bin Sabep bin Sultan. 

To all whom it may concern of our friends on the mainland of Africa, 
the Island of Pemba, and elsewhere. 

Whereas in disobedience of our orders and in violation of the terms of 
our treaties with Great Britain, slaves are being constantly conveyed by land 
from Kilwa for the purpose of being taken to the Island of Pemba. Be it 
known that we have determined to stop, and by this order do prohibit all 
conveyance of slaves by land under any conditions : and we have instructed 
our Governors on the coast to seize and imprison those found disobeying this 
order, and to confiscate their slaves. 

Published the 22 of Rabea el Awal, 1293 
(being equivalent to 18th April 1876.) 

True translation. 

(Sd.). John Kirk, 

H, M,^s Agent and. Consul General, 




204 


Africa— ZanziTbar—lSTo. LXXXIX. 


Part III 


No. LXXXIX. 

Peoclamation by tlie Sultan of Zanzibar, forbidding the arrival and pitting out of 

Slave Caravans. 

In tbe Name of God, tlie Merciful, the Compassionate. 


Seal of H. 
H. Seyed 
Bargbash. 


Prom Barghash bin Saeeb bin Sultan. 

To all whom it may concern of our friends on the mainland of Africa 
and elsewhere. 

Whereas slaves are being brought down from the lands of Nyassa^ of 
the Yao and other parts to the coasts and there sold to dealers^, who take 
them to Pemba, against our orders and the terms of the treaties with Great 
Britain. Be it known that we forbid the arrival of slave caravans from the 
interior, and the fitting out of slave caravans by our subjects : and have given 
our orders to our Governors accordingly, and all slaves arriving at the coast 
will be confiscated. 

Published the 22 of Rabea el Awal, 1293 
(being equivalent to 18th April 1876.) 

True translation. 

(Sd.) John Kirk, 

H. M’s Agent and, Consul General, 




APPENDICES. 


TURKISH ARABIA, 

APPENDIX No. l.—Fa^e 1. 


CAPiTULATicfms AND AuTiCLES OP Peace Ictweeu Great Britain and the 
OUoma‘,% 'Empire^ aa agreed upon, augynented^ and altered at different 
periods^, and finally confirmed hj the Treaty of Peace concluded at the 
Bardamelles, in 1809.'^ 

f 

j SULTAN MEHEMED, 

' MAY HE LIVE POR EVER ! 

f , 

Zet everything le observed in conformity to these Capitulations, and contrary 
thereito let nothing he doneP 

The icommaiid^ under the sublime and lofty Signet^ which imparts subli- 
mity to livery plaee^ and under the imperial and noble Cypher^ whose glory 
is renowi/ied throughout all the world; by the Emperor and Conqueror of the 
earth; aishieved with the assistance of the Omnipotent; and by the special 
grace off God; is this : 

Wcl; who by Divine gracC; assistance; will; and benevolence;, now are 
the Kiiig of Kings of the world; the Prince of Emperors of every agC; the 
Dispenser off Crowns to Monarchs; and the Champion Sultan Mehemed; Son 
of Sultan librahim ChaU; Son of Sultan Ahmed ChaU; Son of Saltan Maho- 
met ChaU;/ S on of Sultan Murad ChaU; Son of Sultan Selim ChaU; Son of 
Sultan S'plyman ChaU; Son of Sultan Selim Chan. 

The ^st glorious amongst the great Princes professing the faith of 
JcsuS; an'^^ ^^le most conspicuous amongst the Potentates of the nation of the 
Messiah ;^S,nd the umpire of public difEcrences that exist between Christian 
natiomS; clothed with the mantle of magnificence and majesty; Charles the 
Seconjd; King of England; Scotland; France; and Ireland (whose end termi- 
nate in bliss !) having sent an Ambassador to the Sublime Porte in the time 
of omr grandfather Sultan Murad (whose tomb be ever resplendent!) of 
gloricms memory and full of divine mercy and pity; with professions, of friend- 
ship;! sincerity; devotion; partiality; and benevolencC; and demanding that 
His fsubjects might be at liberty to come and go into these PartS; which 
pern|.ission was granted to them in the reign of the Monarch aforesaid; in 
addi|lion to various other special commands; to the end that on coming and 
goirig; either by land or seU; in their way; passage; and lodging; they might 
noti experience any molestation or hindrance from any one. 


^ As published hy the Levant Company; 1816. 



Appendix “No, I.— Turkish. AvBibm—Ca^nMatmis. 


V 


make dilicfent search and inquiry to find out the property^ which^ when reco- 
vered^ shall be wholly restored by them. 

VII. That the merchants^ interpreters, brokers, and others, of the said 
nation, sball and may, both by sea and land, come into our dominions, and 
there trade with the most perfect security ; and in coming and going, neither 
they nor their attendants shall receive any the least obstruction, molestation, 
or injury, either in their persons or property, from the beys, cadis, sea-captains, 
soldiers, and others our slaves. 

VIII. That if an Englishman, either for his own debt, or as surety for 
another, shall abscond, or become bankrupt, the debt shall be demanded from 
the real debtor only ; and unless the creditor be in possession of some security 
given by another, such person shall not be arrested, nor the payment of such 
debt be demanded of him. 

IX. That in all transactions, matters, and business occurring between 
the English and merchants of the countries to them sul)ject, their attendants, 
interpreters, and brokers, and any other persons in our dominions, with regard 
to sales and purchases, credits, traffic, or security, and all other legal matters, 
they shall be at liberty to repair to the judge, and there make -a hoget, or 
public authentic act, with witness, and register the suit, to the end that if 
in future any difference or dispute shall arise, they may both observe the said 
register and hoget ; and when the suit shall be found conformable thereto, 
it shall be observed accordingly. 

Should no such hoget, however, have been obtained from the judge, and 
false witnesses only ai'e produced, their suit shall not be listened to, but 
justice be always administered according to the legal hoget. 

X. cS’hat if any shall calumniate an Englishman, by asserting that he 
hath been injured by him, and producing false witnesses against him, our 
judges shall not give car unto them, but the cause shall be referred to his 
Ambassador, in order to his deciding the same, and that he may always have 
recourse to his pi'otcction. 

XI. That if an Englishman, having committed an offence, shall make 
his escape, no other Englishman, not being security for him, shall, under such 
pretext, be taken or molested. 

XII. That if an Enghshman, or subject of England, be found to be 
a slave in our States, and be demanded by the English Ambassador or Consul, 
due inquiry and examination shall be made into the causes thereof, and such 
person being found to be English, shall be immediately released, and delivered 
up to the Ambassador or Consul. 

XIII. That all Englishmen, and subjects of England, who shall dwell 
or reside in our Dominions, whether they be married or single, artisans or 
merchants, shall be exempt from all tribute. 

XIV. That the English Ambassadors shall and may, at their pleasure, 
establish Consuls in the ports of Aleppo, Alexandria, Tripoli, Barbary, Tunis, 
Tripoli of Syria and Barbary, Seio, Srnirna, and Egypt, and in like manner 
remove them, and appoint others in their stead, without any one opposing 
them. 



VI 


Appendix "No, I.— TurMsli AvsibiSi—Ca^itulations, 


XV. That in all litigations occurring between the English, or subjects 
of England, and any other persons, the judges shall not proceed to hear the 
cause without the presence of an interpreter, or one of his deputies. 

XVI. That if there happen any suit, or other difference or dispute, 
amongst the English themselves, the decision thereof shall be left to their 
own Ambassador or Consul, according to their custom, without the judge or 
other governors our slaves intermeddling therein. 

XVIT. That our ships and galleys, and all other vessels, which may 
fall in with any English ships in the seas of our Dominions shall not give 
them any molestation, nor detain them by demanding anything, but shall 
show good and mutual friendship the one to the other, without occasioning 
them any prejudice. 

XVIII. That all the Capitulations, privileges, and Articles, granted to 
the Erench, Venetian, and other Princes, who are in amity with the Sublime 
Porte, having been in like manner, through favour, granted to the English, 
by virtue of our special command, the same sliall be always observed accord- 
ing to the form and tenor thereof, so that no one in future do presume to 
violate the same, or act in contravention thereof. 

XIX. That if the corsairs or galliots of the Levant shall be found to 
have taken any English vessels, or robbed or plundered them of their goods 
and effects, also if any one shall have forcibly taken anything from the 
English, all possible diligence and exertion shall be used and employed for 
the discovery of the property, and inflicting condign punishment on those 
who may have committed such depredations ; and their ships, goods, and 
effects shall be restored to them without delay or intrigue. 

XX. That all our Beglerbeys, imperial and private Captains, Governors, 
Commandants, and other Administrators, shall always strictly observe the 
tenor of these imperial Capitulations, and respect the friendship and corre- 
spondence established on both sides, every one in particular taking special care 
not to let anything be done contrary thereto; and as long as the said Monarch 
shall continue to evince true and sincere friendship, by a strict observance of 
the Articles and conditions herein stipulated, these Articles and conditions of 
peace and friendship shall, in like manner, be observed and kept on our part. 
'1 0 the end, therefore, that no act might be committed in contravention 
thereof, certain clear and distinct Capitulations were conceded in the reign 
of our late grandfather, of happy memory (whose tomb be ever resplendent !). 


Since which, in the time of our said grandfather, of happy memory, 
Sultan Ahmed (whose tomb be blessed!), James, King of England, sent an 
Ambassador with letters and presents (which were accepted) , and requested 
that the friendship and good understanding which existed between Him and 
the Porte in the days of our grandfather, of happy memory, as also the 
stipulations and conditions of the august Capitulations, might be ratified 
and confirmed, and certain Articles added thereto; which request being 
represented to the imperial throne, express commands were given, that in 
consideration of the existing friendship and good understanding, and in 



Appendix "No, I.— Turkish Avsbbm—'Capitidations. 


vii 


conformity to the Capitulations conceded to other Princes in amity with the 
Sublime Porte^ the Articles and stipulations of the sacred Capitulations should 
be renewed and confirmed^, and the tenor thereof be for ever observed ; and 
amongst the Articles added to the Capitulations conceded by the command 
aforesaid^ at the request of the said King^ were the following : 

XXI. That duties shall not be demanded or taken of the English^ or 
the merchants sailing under the flag of that nation^ on any piastres and 
sequins they may import into our sacred Dominions^ or on those they may 
transport to any other place. 

XXII. That our Beglerbeys, judges^ defterdars, and masters of the 
mint^ shall not interpose any hindrance or obstacle thereto^ by demanding 
either dollars or sequins from them, under the pretence of having them 
recoined and exchanged into other money, nor shall give them any molesta- 
tion or trouble whatever with regard thereto. 

XXIII. That the English nation, and all ships belonging to places 
subject thereto, shall and may buy, sell, and trade in our sacred Dominions, 
and (except arms, gunpowder, and other prohibited commodities) load and 
transport in their ships every kind of merchandize, at their own pleasure, 
without experiencing any the least obstacle or hindrance from any one ; and 
their ships and vessels shall and may at all times safely and securely come, 
abide, and trade in the ports and harbours of our sacred Dominions, and with 
their own money buy provisions and take in water, without any hindrance or 
molestation from any one. 

XXIV. That if an Englishman, or other subject of that nation, shall 
be involved in any lawsuit or other affair connected with law, the judge 
shall not hear nor decide thereon until the Ambassador, Consul, or Intei'- 
preter, shall be present ; and all suits exceeding the value of 4,000 aspers 
shall be heard at the Sublime Porte, and nowhere else. 

XXV. That the Consuls appointed by the English Ambassador in our 
sacred dominions, for the protection of their merchants, shall never, under 
any pretence, be imprisoned, nor their houses sealed up, nor themselves sent 
away ; but all suits or differences in which they may be involved shall be repre- 
sented to our Sublime Porte, where their Ambassadors will answer for them. 

XXVI. That in ease any Englishman, or other person subject to that 
nation, or navigating under its flag, should happen to die in our sacred 
Dominions, our fiscal and other officers shall not, upon pretence of its not 
being known to whom the property belongs, interpose any oppositien or 
violence, by taking or seizing the effects that may be found at his death, but 
they shall be delivered up to such Englishman, whoever he may be, to whom 
the deceased may have left them by his will : and should he have died intestate, 
then the property shall be delivered up to the English Consul, or his 
representative, who may be there present : and in case there be no Consul, or 
Consular representative, they shall be sequestered by the judge, in order to 
his delivering up the whole thereof, whenever any ship shall be sent by the 
Ambassador to receive the same. 

XXVII. That all the privileges, and other liberties already conceded, 
or hereafter to be conceded to the English, and other subjects of that nation 



viii Appendix ISTo. I.— Turkish A.T^'bi2i,--Caxniidaimis, 


sailing* under their flag, by divers imperial commands, shall be always obeyed, 
and observed, and interpreted in their favour, according to the tenor and true 
intent and meaning thereof ; neither shall any fees be demanded by the fiscal 
officers and judges in the distribution of their property and effects. 

XXVIII. That the Ambassadors and Consuls shall and may take into 
their service any janizary or interpreter they please, without any other 
janizary or other of our slaves, intruding themselves into their service 
against their will and consent. 

XXIX. That no obstruction or hindrance shall be given to the Ambas- 
sadors, Consuls, and other Englishmen, who may be desirous of making wine 
in their own houses, for the consumption of themselves and families ; neither 
shall the janizaries our slaves, or others, presume to demand or exact any 
thing from them, or do them any injustice or injury. 

XXX. That the English merchants having once paid the customs at 
Constantinople, Alleppo, Alexandria, Scio, Smirna, and other ports of our 
sacred Dominions, not an asper more shall be taken or demanded from them 
at any other place, nor shall any obstacle be interposed to the exit of their 
merchandize. 

XXXI. That having landed the merchandize imported by their ships 
into our sacred Dominions, and paid in any port the customs thereon, and 
being obliged, from the impossibility of selling the same there, to transport 
them to another port, the commandants or governors shall not, on the landing 
of such merchandize, exact from them any new custom or duty thereon, but 
lhall suffer them, freely and unrestrictedly, to trade, without any molestation 
or obstruction whatsoever. 

XXXII. That no excise or duty on animal food shall be demanded of 
the English, or any subjects of that nation. 

XXXIII. That differences and disputes having heretofore arisen between 
the Ambassadors of the Queen of England and King of France, touching 
the affair of the Blemish merchants, and both of them having presented 
memorials at our Imperial stirrup, praying that such of the said merchants 
as should come into our sacred Dominions might navigate under their flag, 
hattisheriffs were granted to both parties; but the Captain Pacha, Sinan, the 
son of Cigala, now deceased, who was formerly Vizier, and well versed 
in maritime affairs, having represented . that it . was expedient that such 
privilege should be granted to the Queen of England, and that the Flemish 
merchants should place themselves under Her flag, as also the merchants of 
the four provinces of Holland, Zealand, Friesland, and Guelderland, and 
all the other Viziers being likewise of opinion that they should all navigate 
under the Queen^s flag, and, like all the other English, pay the consulage 
and other duties, as well on their own merchandize as on those of others 
loaded by them in their ships, to the Queeffis Ambassadors or Consuls, it was, 
by express order and Imperial authority, accordingly commanded, that the 
French Ambassador or Consul should never hereafter oppose or intermeddle 
herein, but in future act conformably to the tenor of the present Capitulation. 



Appendix No. I.—Turkisli Arabia— 


IX 


After wliich^ another Ambassador arrived from tbe said Queeii;, with the 
g'ifts and presents sent by Hei% which being* graciously accepted^ the said 
Ambassador represented that the Queen desired that certain other privileges 
might be added to the Imperial Capitulations, whereof he furnished a list, 
one of which was, that certain Capitulations having been granted in the 
days of our grandfather, of happy memory (whose tomb be ever blessed!), 
to the end that the merchants of Spain, Portugal, Ancona, Sicily, Florence, 
Catalonia, Flanders, and all other merchant-strangers, might go and come 
to our sacred Dominions, and manage their trade, it was stipulated, in such 
Capitulations, that they should be at liberty to appoint Consuls ; but each 
nation being unable to defray the charge and maintenance of a Consul, they 
were left at liberty to place themselves under the flag of any of the Kings 
in peace and amity with the Sublime Porte, and to have recourse to the 
protection of any of their Consuls, touching which privilege divers commands 
and Capitulations were repeatedly granted, and the said merchants having, 
by virtue thereof, chosen to navigate under the English flag, and to have 
recourse in our harbours to the protection of the English Consuls, the French 
Ambassadors contended that the said merchant-strangers were entitled to 
the privilege of their Capitulations, and forced them to have recourse in 
all ports to their Consuls, which being represented l)y the said nations to 
our august tribunal, and their cause duly heard and decided, they were, 
for a second time, left to their free choice, when again having recourse to the 
protection of the English Ambassadors and Consuls, they were continually 
molested and opposed by the French Ambassador, which being represented 
by the English, with a request that we would not accept the Articles added 
to the French Capitulations respecting the nations of merchant-strangers, 
but that it should be again inserted in the Capitulations, that the said nations 
should, in the maimer prescribed, have recourse to the protection of the 
English Consuls, and that hereafter they should never he vexed or molested by 
the French on this point, it was, by the Imperial authority, accordingly 
commanded that the merehants of the countries aforesaid, should, in the 
manner prescribed, have recourse to the protection of the English Ambassadors 
and Consuls, conformably to the Imperial commands to them conceded, and 
which particular was again registered in the Imperial Capitulations, viz., that 
there should never be issued any commands, contrary to the tenor of these 
Capitulations which might tend to the prejudice or breach of our sincere 
friendship and good understanding ; but that on such occasions the cause 
thereof should first be certified to the Ambassador of England residing at 
our Sublime Porte, in order to his answering and objecting to anything that 
might tend to a breach of the Articles of peace. 

XXXIV. That the English merchants, and other subjects of that 
nation, shall and may, according to their condition, trade at Aleppo, Egypt, 
and other ports of our sacred Dominions, on paying (according to ancient 
custom) a duty of three per cent, on all their merchandize, without being 
bound to the disbursement of an asper more. 

XXXV. That, in addition to the duty hitherto uniformly exacted on 
all merchandize, laden, imported, and transported in English ships, they shall 
also pay the whole of the consulage to the English Ambassadors and Consuls. 

B 


VII 



X 


Appendix No. I.— Turkish. Arabia— 


XXXVI. That the English merchants, and all others sailing under their 
flag, shall and may, freely and unrestrictedly, trade and purchase all sorts of 
merchandize (prohibited commodities alone excepted), and convey them, either 
by land- or sea, or by way of the river Tanais to the countries of Muscovy 
or Eussia, and bring back from thence other merchandize into our sacred 
Dominions, for the purposes of traffic, and also transport others to Persia and 
other conquered countries. 

XXXVII. That such customs only shall be demanded on the said goods 
in the conquered countries as have always been received there, without 
anything more being exacted. 

XXXVIII. That should the ships bound for Constantinople be forced 
by contrary winds to put into Cajffa, or any other place of those parts, and 
not be disposed to bu}?- or sell anything, no one shall presume forcibly to take 
out or seize any part of their merchandize, or give to the ships or crews any 
molestation, or obstruct the vessels that are bound to those ports ; but our 
governors shall always protect and defend them, and all their crews, goods, 
and effects, and not permit any damage or injury to be done to them : and 
should they be desirous of purchasing, with their own money, any provisions 
in the places where they may happen to be, or of hiring any carts or vessels 
(not before hired by others), for the transportation of their goods, no one 
shall hinder or obstruct them therein. 

XXXIX. That customs shall not be demanded or taken on the merchan- 
dize brought by them in their ships to Constantinople, or any other port of 
our sacred Dominions, which they shall not, of their own free-will, land 
with a view to sale. 

XL. That on their ships arriving at any port, and landing their goods 
and merchandizes they shall and may, after having paid their duties, safely 
and securely depart, without experiencing any molestation or obstruction 
from any one. 

XLI. That English ships coming into our sacred Dominions, and 
touching at the ports of Barbary and of the western coast, used oftentimes 
to take on board pilgrims and other Turkish passengers, with the intention 
of landing them at Alexandria, and other ports of our sacred Dominions ; 
on their arrival at which ports the commandants and governors demanded of 
them customs on the whole of their goods before they were landed, by reason 
of which outrage they have forborne receiving on board any more pilgrims ; 
the more so as they were forced to take out of the ships that were bound to 
Constantinople the merchandize destined for other places, besides exacting the 
duties on those that were not landed : all English ships, therefore, bound to 
Constantinople, Alexandria, Tripoli of Syria, Scanderoon, or other ports of 
our sacred Dominions, shall in future be bound to pay duties according to 
custom, on such goods only as they shall, of their own free-will, land with a 
view to sale ; and for such merchandize as they shall not discharge, no custom 
or duty shall be demanded of them, neither shall the least molestation or 
hindrance be given to them, but they shall and may freely transport them 
wherever they please. 



Appendix No. I.— Turkish KvB?oidL--CaijUidatio)is, 


XI 


XLII. That in case any Englishman, or other person navigating under 
their flag, should happen to commit manslaughter, or any other crime, or be 
thereby involved in a lawsuit, the governors in our sacred Dominions shall 
not proceed to the cause until the Ambassador or Consul shall be present, 
but they shall hear and decide it together without their presuming to give 
them any the least molestation, by hearing it alone, contrary to the holy 'law 
and these Capitulations. 

XLIII. That notwithstanding it is stipulated by the Imperial Capitula- 
tions, that the merchandize laden on board all English ships proceeding to 
our sacred Dominions shall moreover pay consulage to the Ambassador or 
Consul for those goods on which customs are payable, certain Mahometan 
merchants, Sciots, Franks, and ill-disposed persons, object to the payment 
thereof ; wherefore it is hereby commanded, that all the merchandize, unto 
whomsoever belonging, which shall be laden on board their ships, and have 
been used to pay custom, shall in future pay the consulage, without any 
resistance or opposition. 

XLIV. That the English and other merchants navigating under their 
flag, who trade to Aleppo, shall pay such customs and other duties on the 
silks, brought and laden by them on board their ships, as are paid by the 
French and Venetians, and not one asper more. 

XLV. That the Ambassadors of the King of England, residing at the 
Sublime Porte, being the representatives of His Majesty, and the interpreters 
the representatives of the Ambassadors for such matters, therefore, as the 
latter shall translate or speak, or for whatever sealed letter or memorial they 
may convey to any place in the name of their Ambassador, it being found, 
that that which they have interpreted or translated is a true interpretation 
of the words and answers of the Ambassador or Consul, they shall be always 
free from all imputation of fault or punishment,* and in case they shall commit 
any offence, our judges and governors shall not reprove, beat, or put any of 
the said interpreters in prison, without the knowledge of the Ambassador or 
Consul. 

XLVI. That in case any of the interpreters shall happen to die, if he 
be an Englishman proceeding from England, all his effects shall be taken 
poss(‘ssion of by the Ambassador or Consul ; but should he be a subject of 
our Dominions, they shall be delivered up to his next heir; and having no 
heir they shall be confiscated by our fiscal officers. 

And it was expressly commanded and ordained, that the abovementloned 
Articles and privileges should in future be strictly observed and performed, 
according to the form and tenor thereof. 


Since which time, an Ambassador from the King of England came to 
the Sublime Porte, and represented that laws had been oftentimes promul- 
gated contrary to the tenor of the sacred Capitulations, which being produced 
without their knowledge to our judges, and the dates of such la\vs being 
posterior to those of our Capitulations, the latter could not be carried into 



Xll 


Appendix Ho. I.— Turkish. AxebbiSL—Ca2>itulations, 


execution; his Sovereign therefore wished that such laws might not be 
executed^ but that the Imperial Capitulations should be always observed and 
maintained according to the form and tenor thereof ; all which being repre- 
sented to the Imperial Throne, such request was acceded to, and conformably 
thereto, it was expressly ordained and commanded, that all such laws as 
already had been, or should thereafter be, promulgated contrary to the tenor 
of these Imperial Capitulations, should, when pleaded or quoted before our 
judges, never be admitted or carried into execution, but that the said judges 
should ever obey and observe the tenor of the Imperial Capitulations. In 
the time of our glorious forefathers and most august predecessors, of happy 
memoiy, therefore, dear and distinct Capitulations were granted, which 
annulled such laws, and directed them to be taken from those who produced 
them. 

After which, Sultan Osman Chan having ascended the Imperial Throne, 
the King of England sent another Ambassador, . with letters and presents, 
which were graciously accepted, requesting that the Imperial Capitulations 
granted in splendid and happy times, by the singular justice of our glorious 
forefathers, and by them confirmed and granted, might be renewed. 

And some time after His august coronation, the King of England again 
sent unto this Sublime Porte one of His most distinguished and wise per- 
sonages as His Ambassador, with a letter and presents, which were graciously 
accepted, professing and demonstrating the most sincere friendship for the 
said Porte; and the said Ambassador having desired, on the part of the 
King, that the Capitulations granted in the happy time of our glorious 
forefathers and august predecessors, as also those granted by the aforesaid 
Sultan, might be renewed and confirmed, and certain important and necessary 
Articles added to the Imperial Ca})itulations, and that others already granted 
might be amended and more clearly expressed ; such his request was acceded 
to, and the Imperial Capitulations granted in the time of our most glorious 
and august forefathers were confirmed, the Articles and stipulations renewed, 
aud the conditions and Conventions observed. Whereupon express commands 
were given that the tenor of the sacred Capitulations should be strictly per- 
formed, and that no one should presume to contravene the same. And the 
said Ambassador having represented and notified to the Sublime Throne, that 
governors and commandants of many places had, contrary to the tenor of 
the Imperial Capitulations, molested and vexed with various inventions and 
innovations the English and other merchants, subjects of that nation, trading 
to these our sacred Dominions, and desired that they might be prohibited 
from so doing, and some new Articles be added to the Imperial Capitulations, 
an Imperial order was accordingly granted, whereby it was expressly com- 
manded, that the Articles newly added should be for ever strictly executed, 
without any one ever presuming to violate the same. 

XLVII. That whereas the corsairs of Tunis and Barbary having, 
contrary to the tenor of the Capitulations and onr Imperial license, molested 
the merchants and other subjects of the King of England, as also those of 
other Kings in amity with the Sublime Porte, and plundered and pillaged 
their goods and property, it was expressly ordained and commanded, that the 



Appendix No. I.— Turkish Capitulations. 


xiii 


goods so plundered should be restored^ and the captives released ; and that if 
after such commands the Tunisians and: Algerines should, contrary to the 
tenor of our Capitulations, again molest the said merchants, and pillage their 
goods and property, and not restore the same, but convey them to the 
countries and ports of our sacred Dominions, and especially to Tunis, Barbary, 
Modon, or Coron, the beglerbeys, governors, and commandants of such places 
should, in future, banish and punish them, and not permit them to sell the 
same. 

XLVIIL That it is written and registered in the Capitulations, that the 
governors and ofReers of Aleppo, and other ports of our sacred Dominions, 
should not, contrary to the tenor of the said Capitulations, forcibly take from 
the English merchants any money for their silk, under the pretence of custom 
or other duty, but that the said merchants should pay for the silk, by them 
purchased at Aleppo, the same as the French and Venetians do, and no more. 
Notwithstanding which, the commandants of Aleppo have, under colour of 
custom and duty, demanded two and a half per cent, for their silk, and 
thereby taken their money : wherefore We command that this matter be 
investigated and inquired into, in order that such money may be refunded to 
them by those who liave taken the same ; and for the future, the duty exacted 
from tbem shall be according to ancient custom, and as the Venetians and 
French were accustomed to pay, so that not a siirglc asper more be taken by 
any new imposition. 

XLIX. That the merchants of the aforesaid nation, resident at Galata, 
buy and receive divers goods, wares, and mei’chandizes, and after having paid 
to onr customer the duties thereon, and received a tescare, ascertaining their 
having paid the same, preparatory to loading such goods in due time on board 
their ships, it sometimes happens that, in the interim, the customer either 
dies, or is removed from his situation, and his successor will not accept of 
the said tescare, but demands a fresh duty from the said merchants, thereby 
molesting them in various ways; wherefore We do command, that on its 
really and truly appearing that they liave once paid the duties on the goods 
purchased, the customer shall receive the said tescare without demanding any 
fresh duty. ^ 

L. That the merchants of the aforesaid nation, after having once paid 
the duties, and received the tescare, for the camlets, mohair, silk, and other 
merchandize, purchased by them at Angora, and transported to Constantinople 
and other poi-ts of our sacred Dominions, and having deposited such goods. in 
their own warehouses, have been again applied to for duties thereon; We do 
tlu‘reiorc hereby command that they shall no longer be molested or vexed on 
that head, hut that when tlie said merchants shall be desirous of loading such 
goods on board their ships, and on its appearing by the tescare that they have 
already paid the duties thereon, no fresh custom or duty shall be demanded 
for the said goods, provided that the said merchants do not blend or intermix 
the goods which liave not paid custom with those which have. 

LI. That the merchants of the aforesaid nation, having once paid the 
customs on the merchandize imported into Constantinople, and other ports of our 
sacred Dominions, and on those exported therefrom, as silks, camlets, and 



XIV 


Appendix KTo. I.— Turkish Arabia— 


other goods, and being unable to sell tke'said goods^ are under the necessity 
of transporting them to Smirna^ Scio, and other ports ; on their arrival there 
the governors and custom-house officers of such ports shall always accept their 
tescares, and forbear exacting any further duty on the said merchandize. 

LII. That for the goods which the merchants of the nation aforesaid 
shall bring to Constantino j)le^ and other ports of our sacred Dominions^ and 
for those they shall export from the said places^ Mastariagi of Galata and 
Constantinople shall take their mastaria^ according to the old canon and 
ancient usage, that is to say, for those merchandizes only whereon ifc was 
usually paid ; but for such merchandizes as have not been accustomed to pay 
the same, nothing shall be taken contrary to the said canon, neither shall 
any innovations be made in future with regard to English merchandize, nor 
shall one asper more be taken than is warranted by custom. 

LIII. That the merchants of the aforesaid nation shall and may always 
come and go into the ports and harbours of our sacred Dominions, and trade, 
without experiencing any obstacle from any one, with the cloths, kersies, spice, 
tin, lead, and other merchandize they may bring, and, with the exception of 
prohibited goods, shall and may, in like manner, buy and export all sorts of 
merchandize, without any one presuming to prohibit or molest them : and our 
customers and other officers, after having received the duties thereon, according 
to ancient custom and the tenor of these sacred Capitulations, shall not 
demand of them anything more, touching which point, certain clear and 
distinct capitulations were granted, to the end that the beglerbeys and other 
commandants, our subjects, as also the commandants and lieutenants of our 
harbours, might always act in conformity to these our Imperial commands, 
and let nothing be done contrary thereto. 


After which, in the time of our uncle, deceased, blessed and translated 
to Paradise, Sultan Murad Chan (whose tomb be ever resplendent!), the 
aforesaid King of England sent Sir Sackville Crow, Baronet, as His Ambas- 
sador, with a letter and presents, which were graciously accepted; but the 
time of his embassy being expired, another Ambassador, named Sir Thomas 
Bendish, arrived, to reside at the Porte in his stead, with His presents, and 
a courteous letter, professing the utmost friendship, devotion, and sincerity ; 
and the said Ambassador having brought the Capitulations formerly granted 
to* the English, and requested they might be renewed according to custom, he 
represented the damage and injury sustained by the English, contrary to the 
tenor of various Articles of the Capitulations, vijs;. 

That before the English merchants repaired to the Custom-house, some 
one went on board the ship, and forcibly took out their goods ; and before 
any price could be fixed on the best and most valuable articles, or the 
accounts made oirt, he took and carried them away; and that the said 
merchants, having punctually paid the duties thereon in one port, and being 
desirous of transporting the same goods to another port, the customer 
detained them, and would not suffer them to depart until they had paid the 
duties a second time : and whereas it is specified in the Capitulations, that 



Appendix !No. I.— Turkish KxBbm-- Capitulations. 


XV 


in all suits wherein the English are pax'ties^ our judges are not to hear or 
decide the same^ unless their Ambassador or Consul be present; notwith- 
standing which, our judges, without the knowledge of their Ambassador, 
have proceeded to imprison and exact presents from the English mer- 
chants, and other subjects of that nation, besides being guilty of other 
oppressions : and whereas it is further ordei'ed in the Capitulations, that no 
duties shall be taken on such sequins and piastres as by the English merchants 
shall be brought in, or carried out of, our Imperial Dominions, and that a 
duty of three per cent, only shall be demanded on their goods ; notwithstand- 
ing which, the customers have exacted duties on the sequins and dollars, and 
demanded more duties than were due on the silk bought by them, besides 
demanding six per cent, on the goods transported from Alexandria to Aleppo, 
which abuses were heretofore rectified by an express hattisberiff; notwith- 
standing which, the English merchants still continued to experience some 
molestation, by the customers valuing their goods at more than they were 
worth, so that although it was the custom to receive but three per cent, only, 
the latter exacted six per cexit. from them, and the servants of the Custom- 
house, under colour of certain petty chai’ges, took from them various sums (jf 
money, and that a greater number of waiters were put on board their ships 
than usual, the expcnces attending which were a great burthen to the 
merchants and masters of ships who sustained it. 

That the customers, desirous to value goods at more than their worth, 
weye not satisfied with the merchants paying them duties on the same goods 
at the rate of three per cent., but interposed numerous difficulties and 
obstacles : 

The said Ambassador having requested, therefore, that such abuses might 
be rectified, and the laws of the Imperial Capitulations be duly executed, his 
request was represented to the Imperial Throne, when We were graciously 
pleased to order : 

LIV. That the English merchants having once paid the duties on their 
merchandize, at the rate of three per cent., and taken them out of their ship, 
no one shall demand or exact from them anything more without their consent: 
and it was moreover expressly commanded, that tlie English merchants should 
not be molested or vexed in manner- aforesaid, contrary to the Articles of the 
Capitulations. 


Since which, another Ambassador of the King of England, Sir Heneage 
Finch, Knight, Earl of Winchelsea, Viscount Maidstone, and Baron Fitzher- 
bert of Eastwell, arrived to reside at the Sublime Porte, with presents and a 
courteous letter, demonstrating His sincere friendship, and professing the 
utmost cordiality and devotion ; which Ambassador also presented the Capitu- 
lations, and requested that the most necessary and important Articles thereof 
might be renewed and confirmed, according to custom, which request was 
graciously acceded to, and the desired privileges granted to him, viz, 

LV. That the Imperial fleet, galleys, and other vessels, departing from 
our sacred Dominions, and falling in with English ships at sea, shall in nowise 
molest or detain them, nor take from them anything whatsoever, but always 
show to one another good friendship, without occasioning them the least 



xvi 


Appendix "No, I.— Turkish Arahm-- Capitulations. 


damage or injury ; and notwithstanding it is thus declared in the Imperial 
Capitulations, the said English ships are still molested by the ships of the 
Imperial fleet, and by the Beys and Captains who navigate the seas, as also 1)y 
those of Algiers, Tunis, and Barbary, who, falling in with them whilst sailing 
from one port to another, detain them for the mere purpose of plunder, under 
colour of searching for enemy’s property, and under that pretence prevent 
them from prosecuting their voyage: now We do hereby expressly command, 
that the provisions of the old canon be executed at the castles and in the 
ports only, and nowhere else, and that they shall no longer be liable to any 
further search or exaction at sea, under colour of search or examination. 

LVI. That the said Ambassador having represented that our customers, 
after having been fully paid the proper duties by the English merchants on 
their goods, delayed, contrary to the Articles and stipulations of the Capitu- 
lations, to give them the tescares of the goods for which they had already 
received the duty, with the sole view of oppressing and doing them injustice ; 
We do hereby strictly command that the said customers do never more delay 
granting them the t escarp, and the goods whereon they have once paid the 
duty being transported to another port, in consequence of no opportunity of 
sale having occurred in the former port, entire credit shall be given to the 
tescarfe, ascertaining the payment already made, agreeably to the Capitu- 
lations granted to tliem, and no molestation shall be given to them, nor any 
new duty demanded. 

LVIL That notwithstanding it is stipulated by the Capitulations that 
the English merchants, and other subjects of that nation, shall and may, 
according to their rank and condition, trade to Aleppo, Egypt, and other 
parts of our Imperial Dominions, and for all their goods, wares, and mer- 
chandize, pay a duty of three per cent, only, and nothing more, according 
to ancient custom, the customers have molested the English merchants, with 
a view to oppress them and the subjects of that nation, on their arrival with 
their goods laden on board their ships, whether conveyed by sea or land, at 
our ports and harbours, under pretence of the goods so brought by them not 
belonging to the English; and that for goods brought from England they 
demanded three per cent, only, but for those brought by them from Venice 
and other ports they exacted more ; wherefore, on this point, let the Imperial 
Capitulations granted in former times be observed, and our governors and 
officers in nowise permit or consent to the same being infringed. 

LVIII. That whereas it is specified in the Capitulations, that in case 
an Englishman should become a debtor or surety, or run away or fail, the 
debt shall be demanded of the debtor; and if the creditor be not in possession 
of some legal document given by the surety, he shall not be arrested, nor such 
debt be demanded of him ; should an English merchant, resident in another 
country, with the sole view of freeing himself from the payment of a debt, 
draw a bill of exchange from another merchant, living in Turkey, and the 
person to whom the same is payable, being a man of power and authority, 
should molest such merchant who had contracted no debt to the drawer, and 
oppress him, contrary to law and the sacred Capitulations, by contending that 
the bill was drawn upon him, and that he was bound to pay the debt of the 



Appendix No. I. —Turkish. ATO.'bm-— Capitulations, 


XVil 


other merchant; now We do hereby expressly command^ that no such 
molestation be given in future^ but if such merchants shall accept the bill, 
they shall proceed in manner and form therein pointed out; but should he 
refuse to accept it^ he shall be liable to no further trouble. 

LIX. That the interpreters of the English Ambassadors, having always 
been free and exempt from all contributions and impositions whatever, 
respect shall in future be paid to the Articles of the Capitulations stipulated 
in ancient times, without the fiscal officers intermeddling with the effects of 
any of the interpreters who may happen to die^ which effects shall be distributed 
amongst his heirs. 

LX. That the aforesaid King, having been a true friend of our Sublime 
Porte, His Ambassador, wbo resides here, shall be allowed ten servants, of 
any nation whatsoever, who shall be exempt from impositions, and in no 
manner molested. 

LXI. That if any Englishman should turn Turk, and it should be 
represented and proved, that besides his own goods, he has in his hands any 
property belonging to another person in England, such property shall be 
taken from him, and delivered up to the Ambassador or Consul, that they may 
convey the same to the owner thereof. 


The Ambassador of the aforesaid King, who resided in our Sublime Porte, 
being dead. Sir John Finch Knight, a prudent man, was sent as Ambassador 
to the Imperial Throne, and to reside at our Sublime Porte, with a letter and 
presents, which, on arrival and presentation to our glorious and imperial pre- 
sence, were graciously accepted ; and the said Ambassador, having brought 
with him the sacred CapiUilations, heretofore granted by our August Person, 
and represented to Us, on the part of the aforesaid King, His Majesty’s 
desire that they should be renewed and coniinned, according to custom, and 
certain new Articles added to them ; to which re(juost We most graciously 
acceded, by commanding that such Additional Articles be registered in the 
Imperial Capitulations, of which one was the Im]>erial command, to which 
was alfixed the hattisherif, that is, the hand of our deceased glorious father, 
absolved by God, Sultan Ibrahim (whose soul rest in glory and divine mercy 1), 
in the year 1053 — to wit. 

LXII. That for every piece of cloth, called Londra, which, from 
ancient times, was always brought by the British ships to Alexandria, there 
should be taken in that place a duty of forty paras, for every piece of kersey six 
paras, for every bale of Imreskins six paras, and for every quaintal of tin and 
lead, Damascus weight, fifty-seven paras and a half. 

LXIII. That on afterwards transporting the said goods from Alexandria 
to Aleppo, there should be demanded, by the enstom-house officers of Aleppo, 
for every piece of Londra eighty paras, for a piece of kersey eight paras 
and two aspers, for every bundle of hareskins eight paras and two aspers, and 
for every Aleppo weight of tin and lead, one para. 


VII 


c 



xviii 


Appendix ISTo. I.— Turkish Kv^ihm—Cajntiilations. 


LXIV. That on the goods purchased by the aforesaid nation at Aleppo^, 
there should be paid for transport duiy^ on every bale of unbleached iinen^ 
cordovanS;, and chorasani-hindi two dollars and a half^ for every bale of cotton 
yarn one dollar and a quarter^ for every bale of galls one quarter, for every 
hale of silk ten osmans ; and for rhubarb and other trifles, and various sorts 
of drugs, according to a valuation to be made by the appraiser, there should 
be taken a duty of three per cent. 

LXV. That on carrying the said goods to Alexandria, and there loading 
them on board their ships, there should be taken for transport duty, on every 
bale of unbleached linen and cordovans one dollar and a half, for every bale 
of chorasani-hindi and cotton yarn three-quarters, for every bale of galls one-' 
quarter; and for rhubarb and other trifles, and various sorts of drugs, after a 
valuation made thereof, there should be taken three-quarters of a piastre ; and 
that for the future no demand whatever to the contrary should be sub- 
mitted to, 

LXVI. That all commands issued hy the chamber contrary to the 
above-mentioned Articles should not be obeyed ; but for the future, every 
thing be observed conformably to the tenor of the Capitulations and the 
Imperial Signet. 

LXVII. It being stipulated by the Capitulations that the English 
merchants shall pay a duty of three per cent, on all goods- by~fEem imported 
and exported, without being bound to pay an asper more ; and disputes having 
arisen with the customers on this head, they shall continue to pay duty as 
heretofore paid by them, at a rate of three per cent, only, neither more 
nor less. 

LXVIII. That for the London and other cloths manufactured in Eng- 
land, whether fine or coarse, and of whatsoever price, imported by them into 
the ports of Constantinople and Galatta, there shall be taken according to the 
ancient canons, and as they have always hitherto paid, one hundred and forty- 
four aspers, computing the dollar at eighty aspers, and the leone at seventy, 
and nothing more shall be exacted from them; but the cloths of Holland and 
other countries, viz., serges, Londrina scarlets, and other cloths, shall pay, for 
the future, that which hitherto has been the accustomed duty ; and at Smirna 
likewise shall be paid according to ancient custom, calculated in dollars and 
leones, for every piece of London or other doth of English fabric, whether 
fine or coarse, one hundred and twenty aspers, wdthout an asper more being 
demanded, or any innovation being made therein. 

LXIX. It being registered in the Imperial Capitulations, that all suits 
wherein the English are parties, and exceeding the sum of four thousand 
aspers, shall be heard in our Sublime Porte, and nowhere else. 

That if at any time the commanders and governors should arrest any 
English merchant, or other Englishman, on the point of departure by any 
ship, by reason of any debt or demand upon him, if the Consul of the place 
will give bail for hirn, by offering himself as surety until such suit shall be 
decided in our Imperial Divan, such person so arrested shall be released, and 
not imprisoned or prevented from prosecuting his voyage, and they who claim 



Appendix !No. I. — Tarkisli Avshm-~~Ca]iUulations. 


xix 


anything* from him shall present themselves in our Imperial Divan^ and there 
submit their claims, in order that the Ambassador may furnish an answer 
thereto. With regard to those for whom the Consul shall not have given bail, 
the commandant may act as he shall think proper, 

LXX. That all English ships coming to the ports of Constantinople, 
Alexandria, Smirna, Cyprus, and other ports of our sacred Dominions, shall 
pay three hundred aspers for anchorage duty, without an asper more being 
demanded from them. 

LXXI. That should any Englishman coming with merchandize turn 
Turk, and the goods so imp)orted by him be proved to belong to merchants of 
his own country, from whom he had taken them, the whole shall be detained, 
with the ready money, and delivered np to the Ambassador, in order to bis 
transmitting the same to the right owners, without any of our judges or officers 
intei'posing any obstacle or hindrance thereto. 

LXXII. That no molestation shall be given to any of the aforesaid 
nation buying camlets, moliairs, or grogram yarn, at Angora and Beghbazar, 
and desirous of exporting the same from thence, after having paid the duty 
of three per cent, by any demand of customs for the exportation thereof, 
neither shall one asper more be demanded of them. 

LXXIII. That should any suit be instituted by an English merchant 
for the amount of a debt, and the same be recovered by means of the assist- 
ance of a chianx, he shall pay him out of the money recovered two per cent., 
and what is usually paid for fees in the mehkeme, or court of justice, and not 
an asper more. 

LXXIV. That the King having always been a friend to the Sublime 
Porte, out of regard to such good friendship. His Majesty shall and may, 
with His own money, purchase for His own kitchen, at Smirna, Salonica, 
or any other port of our Sacred 'Dominions in fertile and abundant years, and 
not in times of dearth or scarcity, two cargoes of (Igs and raisins, and after 
having paid a duty of three per cent, thereon, no obstacle or hindrance shall 
be given thereto. 

LXXV. That it being rei^resented to Us tliat the English merchants 
have been accustomed hitherto to pay no custom or scale duty, either on the 
silks bought by them at Brussa and Constantinople or on those which come 
from Persia and Georgia, and arc purchased by them at Smirna from the 
Armenians ; if such usage or custom really exists, and the same be not pre- 
judicial to. the Empire, such duty shall not be paid in future : and the said 
Ambassador, having requested that the foregoing Articles might be duly' 
respected, and added to the Imperial Capitulations, his request was acceded 
to ; therefore, in the same manner as the Capitulations w^ere heretofore con- 
ceded by our Imperial liattislierif, so are they now in like manner renewed 
by our Imperial command ; wherefore, in conformity to the Imperial Signet, 
We have again granted these sacred Capitulations, which We command to be 
observed, so long as the said King shall continue to maintain that good friend- 
ship and understanding with our Sublime Porte, which was maintained in 
the happy time of our glorious ancestors, which friendship We, on our part, 



Appendix ISTo. I. Turliisli Arabia — Capitulations, 


XX 


accept; and adhering to these Articles and stipulations, We do hereby promise 
and swear, by the one Omnipotent God, the Creator o£ heaven and earth, and of 
ail creatures, that We will permit nothing to be done or transacted contrary 
to the tenor of the Articles and stipulations heretofore made, and these 
Imperial Capitulations ; and accordingly every one is to yield implicit faith 
and obedience to this our Imperial Signet, affixed in the middle of the month 
or Gamaziel, in the year 1086 (corresponding with the year of our Lord 1675), 


Teeaty between Geeat Bkitain and the 
Sublime Poete. Concluded at tbe Daeda- 
NBLLES, tbe 5th of January, 1809. 


[Translation.) 

In the name of tbe Most Merciful God. 

The object of this faithful and 
authentic instrument is as follows ; — 

Notwithstanding the appearances of 
a misunderstanding between the Court 
of Great Britain and the Sublime 
Ottoman Porte, consequent upon the 
occurrences of the moment, the two 
Powers, equally animated with a sincere 
desire of re-estahlisbing the ancient 
friendship which subsisted between 
them, have named their Plenipoten- 
tiaries for that purpose ; that is to say, 
Plis Most August and Most Honoured 
Majesty George the Third, King of 
the United Kingdom of Great Britain 
and Ireland, has named for His Pleni- 
potentiary, Bobert Adair, Esq., one of 
the Members of the Ebyal Parliament 
of Great Britain; and His Majesty 
the Most Noble, Most Powerful, and 
Most Magnificent Sultan Mabomet 
Han II., Emperor of the Ottomans, 
has named for His Plenipotentiary, 
Seyde, Mehmed-Emin- Vahid Effendi, 
Director and Inspector of the Depart- 
ment called and invested 

with the rank of NicMugi^^ of the 
Imperial Divan ; who, having racipro- 


Traite entre la Geandb Beetag-ne et la 
Sublime Poete. Pait pres des Cha- 
teaux des Dardanelles, le 5 Janvier, 
1809. 


An Kom de Dieu Tres Mis^ricordieux. 

L'^objet de cet Instrument fi.dele 
et authontique est ce qui suit : — 

Nonobstant les apparences dhine 
mesintelligence survenue k la suite 
des evenemens du terns entre la 
Cour dt la Grande Bretagne et la 
Sublime Porte Ottomane, ees deux 
Puissances egalement animees du 
desir sinck’e de r^tablir Fancienne 
amitie qui subsistait entre Elies, 
out nomme pour cet effet Leurs 
Plenipotentiaires respectifs, savoir ; 
Sa Majeste le Tres Auguste et Tres 
Honore George III., Roi (Padishab) 
du Royaume Uni de la Grande 
Bi'etagne et de Flrlande a nommd 
pour Son Plenipotentiaire Robert 
Adair, Ecuyer, Membre du Parle- 
ment Royal de la Grande Bretagne ; 
et Sa Majeste le Tres Majestueux, 
Tres Puissant, et Tres Magnifique 
Sultan Mahmoud Han II., Empereur 
des Ottomans, a nommd pour Son 
Plenipotentiaire Seyde, Mehmed- 
Emin- Vahid Effendi, Directeur et 
Inspecteur du Departement appele 
Merconfaty et rev^tu du -rang de 
Nkhangi^Vi Divan Imperial j lesquels 



Appendix Ko. I.— Turkish Axkbi^>— Capitulations. 


XXI 


cally communicated to each other their 
full Powers, after several conferences 
and discussions, have concluded the 
peace equally desired by both Powers, 
and have agreed upon the following 
Articles : — 

I. Prom the moment of signing the 
present Treaty, every act of hostility 
between England and Turkey shall 
cease ; and in furtherance of this happy 
peace, the prisoners on both sides shall 
be exchanged without distinction, in 
thirty-one days from the signature of 
this Treaty, or sooner if possible. 

II. Should any fortresses belonging 
to the Sublime Porte be in the posses- 
sion of Great Britain, they shall be 
restored to the Sublime Porte, and 
given up, with all the cannons, warlike 
stores, and other effects in the condition 
in which they were found at the time 
of their being occupied by England, 
and this restitution shall be made in 
the space of thirty-one days from the 
signature of the present Treaty. 

III. Should there l)e any effects and 
property belonging to English mer- 
chants under wsequestration, within the 
jurisdiction of the Sublime Porte, the 
same shall be entirely given up, and 
restored to the proprietors ; and in like 
manner sliould there be any effects, 
])roperty, and vessels, belonging to 
merchants, subjects of the sublime 
Porte, under sequestration at Malta, or 
in any other islands and possessions of 
His Britannic Majesty, they also shall 
be entirely given up and restored to 
their proj)rietors. 

IV. The Treaty of Capitulations 
agreed upon in the Turkish year 1086, 
(A.D. 1675,) in the middle of the 
month Gevmnaziel Akir, as also the Act 
relating to the Commerce of the Black 
Sea., and the other privileges {Initiazat) 


s^etant reciproqnement communique 
leurs Pleins pouvoirs ont, apres 
plusieurs conferences et discussions, 
conclu la paix egalement desirfe des 
deux Puissances, et sont convenus 
des Articles suivans : 

I. Du moment cle la signature du 
present Traite, tout aete dTiostilite 
doit cesser entre PAngleterre et la 
Turquie, et les prisonniers de part et 
d^autre doivent, en vertu de cette 
heureuse paix, etre echangfe sans 
h&itation, en trente-un jours apres 
Pepoque de la signature de ee Traite, 
ouplus-tot si faire se pourra. 

II. Shi se trouvera des Places ap- 
partenantes a la Sublime Porte dans 
roccupation de la Grande Bretagne, 
elles devront etre restitiiees, et remises 
k la Sublime Porte, avee tous les ca- 
nons, munitions et autres effets, dans 
la m^me condition oii elles se trou- 
vaient lors de leur occupation par 
PAngleterre, et cette restitution dev- 
ra se faire dans Fespace de trente-nii 
jours apres la signature de ce present 
Traite. 

III. Shi y anrait des effets et 
proprietes api^artenans aux negocians 
Anglais en se(|uestre sons la jurisdic- 
tion de la. Sublime Porte, ils doivent 
etre enticrement reiuliis et remis aux 
proprietaires ; et pareillement shl y 
aurait des effets, pro])rietes et vais- 
seaux appartenans aux negocians et 
sujets de la Sublime Porte en seques- 
tre k Malte, ou dans les autres lies 
et Etats de Sa Majeste Britannique, 
ils doivent egalement etre entice- 
ment rendus et remis k leurs pro- 
prietaires. 

IV. Le Traite des Capitulations 
stipule en Fannee Turque 1086, k la 
mi de la lune Gemmaziel Akir, ainsi 
que FActe rclatif au commerce de la 
Mer-Noire et les autres privileges 
{Jmtlazaf) egalement etablis par des 



XXll 


Appendix No. 1.— Turkish. Axnhm-- Cap it illations. 


equally established by Acts at subse- 
quent periods^, shall continue to be ob- 
served and maintained as if they had 
suffered no interruption. 

V. la return for the indulgence and 
good treatment afforded by the Sublime 
Porte to English merchants^ with 
respect to their goods and property^ as 
well as in all matters tending to facili- 
tate their commerGe^ England shall 
reciprocal I}'" extend every indulgence 
and friendly treatment to the ling, sub- 
jects, and merchants of the Sublime 
Porte, which may hereafter frequent 
the Dominions of His Britannic Majes- 
ty for the purposes of commerce. 


VI. The last custom-house tarif 
established at Constantinople, at the 
ancient rate of 3 per cent, and parti- 
cularly the Article relating to the in- 
terior commerce, shall continue to be 
observed, as they are at present regu- 
lated, and to which England promises 
to conform. 

VII. Ambassadors from His Majes- 
ty the King of Great Britain shall 
enjoy all the honours enjoyed by Am- 
bassadors to the Sublime Porte from 
other nations ; and Ambassadors from 
the Sublime Porte at the Court of 
London shall reciprocally enjoy all the 
honours granted to the Ambassadors 
from Great Britain. 


VIII. Consuls (SJiaJibenders) may be 
appointed at Malta, and in the Domi- 
nions of His Britannic Majesty where 
it shall be necessary to manage and su- 
perintend the affairs and interests of 
merclmnts of the Sublime Purte, and 
similar privileges and immunities to 
those granted to English Consuls resi- 


Actes h des epoques subsequentes, 
doivent etre observes et maintenus 
comme par le passe comme shls 
nhxvaient soufferfc aucuiie interrup- 
tion. 

V. En vertii du bon traitemcnt 
et do la favour accordee par la Sub- 
lime Porte aux negocians Anglais, k 
Pegard de leurs nnirchan discs et ])ro- 
prietes, et par rapport a tout ce dont 
leurs vaisseaux out bcsoin, ainsi que 
dans tons les objets tend ant k faci li- 
ter leur commerce, PAngIctorre ae- 
cordera reeiproquoment sa pliane fa- 
veiir et un traitemcnt ainieal aux 
pavilions, svijets et negocians de la 
Sublime Porte, qui dorcnavant fre- 
quenteront les Etats do Sa Majeste 
Britannique pour y exercer le com- 
merce. 

VI. Le tarif de la douanc qui a 
ete fixe k Constantino])le on dernier 
lien sur Pancicn taux ch^ 3 ]>our cent, 
et s])ecialem{mt P Article qui regarde 
le commerce iutcrieur, serout ob- 
serves pour lion jours, ainsi quh’ls out 
etc regies : e’est a ([iioi PAngleterre 
promet de se con former. 

VII. Les Aml)n;S.sadmn\s de Sa 
Majeste le lloi de la (jra.n(le Bre- 
tagne joniront pleiuemcnt des hon- 
neurs dont joiiissent les Aml)assade- 
urs des autres nations pres la Sub- 
lime Porte, et reci[)roqu(‘inent les 
Ambassadenvs de la Sublime Porte 
pres la Cour de Londres, joniront 
pleinement de tons les honneurs fpii 
seront accord es aux Amlnissadeurs 
de la Grande Bretagne. 

VIII. II sera permis de nommer 
des SkaMemlers ((Consuls) k Malte, 
et dans les Etats de Sa Majeste 
Britannique, ou il sera neeessaire pour 
gerer et inspecter les affaires et les 
interets des negocians de la Sublime 
Porte, et les m ernes trait erne ns et 
immunites qui sont pratiques euvers 



Appendix No. I.—Turkish AvQhm-^Caiyitidaiions. 


xxiii 


dent in the Ottoman Dominions^ shall 
he duly afforded to the SJiahbenders^^ 
of the Sublime Porte. 

IX. English Ambassadors and Con- 
s\ils may supply themselves, according 
to custom, witli such Dragomen as they 
shall stand in need oF, but as it lias 
already been mutually agreed upon, 
that the Siildimo Porte shall not grant 
the Jhiral-^ oF Dragoman in favour of 
individiuils who do nut execute tliat 
duty in the |)lace of their destination, 
it is settled, in contbnnity witli this 
])rinciple, that in future, the Baral<^ 
shall not be granted to any person of 
the class of trailesmen or hankers, nor 
to any shopkeeper or maiudacturer in 
the ])ul)lic markets or to one who is 
engagcKl in any matters of tliis de- 
seripi'ion ; nor shall English Consuls be 
named From among the subjects of the 
Sublime Porte, 

X. English patents of protection 
shall not be granted to dependants, or 
inerchanfs who are subjects oF the Sub- 
lime Porte, nor shall any passport be 
delivered to such persons, on tlie part 
of Ambassadors or Consuls, without 
permission previously obtained from the 
Sublime Porte. 

XL As sliips of war have at all 
times Ikhui prolilliiti'd (rom entering 
the (**anal of L^rnslaniinople, viz, in tlie 
sl.raii.s of the Da,rdanelles ami of ilic 
Iffaek Sea ; and as this aneient regxda- 
tion of the Ottoman l<lmpire is in 
future to he observed l)y every Power 
in lime of Ikjuee, the Ckmrt of Oreat 
Britain promises on its jiart to conform 
to this principle. 


les Consuls d^Angleterre r&idans 
dans les Etats Ottomans, seront ex- 
act ement observes eiivers les Shah-‘ 
henders de la Sublime Porte. 

IX. Les Amhassacleiirs et Con- 
suls dLlngleterre poiirront seloii 
r usage se servir des Dragomans dont, 
ils out bcsoiii : niais comme il a ete 
arrct.e ci-devant dhin coimnun accord 
qiie la. Sublime Porte n^aecordcra pas 
de Barat'^ de Dragoman eii faveur 
dhndividus ([ul idexerceront point 
cette foiietion dans le lieu de leiir 
destination, il est convenu, eonfornie- 
inent h ee primdpe, quo dorenavant 
il no sera aecorde do Bara/l’ h. per- 
sonne de la elassc des artisans ct 
baiu pliers, ni i\ quieoiufue tiendra de 
boutique et de fabrique dans les 
inarclics publics, ou qui pretcra la 
main aux affaiuis do cette nature ; et 
il Tie sera nomme non plus des Con- 
suls Anglois dAmtre les sujets de la 
Sublime Porte. 

X. La paten te cle protection 
Angloise no sera aecordee k personne 
d'entre les clci)(‘ndans ct negocians 
sujets de la Siililime Porte, ct il ne 
sera livre a ceiix-ci aucen Passeport* 
de la part d(^s Aml.iassadeurs ou 
Consuls sans la permission prcalable 
de la Sublime Porto. 

XI. Comme il a ete de tout toms 
defendti aux va-isseaux de guerre 
dkmtrer dans le canal de Constanti- 
no|)le, savoir dans le detroit des Dar- 
danelles, ct dans celui de la 
Noire; et eomme cette ancienne re- 
gie de PEm])ire Ottoman doit etre 
cle mcine oliscrvc dorena.vant eii 
terns de paix vis-h vis de toute Puis- 
sance queleonque, la Com* Britanni- 
que promet aussi dc se couformer k 
ce principc. 



XXIV 


Appendix No. I. -Turkish Arabia— 


XII. The ratifications of the present 
Treaty of Peace between the lug*!! 
Contracting Parties shall be exchanged 
at Constantinople in the space of ninety- 
one days from the date of this Treaty^ 
or sooner if possible. In faith of which^ 
and in order that the ratification 
of the twelve Articles of this Treaty 
(which has been happily concluded^ by 
the assistance of God^ and in the sin- 
cerity and good faith of the Two 
Parties) may be exchanged ; I, Pleni- 
potentiary of the Sublime Porte^ have, 
in virtue of my Pull- Powers, signed 
and sealed this instrument, which I 
have delivered to the Plenipotentiary of 
His Britannic Majesty, in exchange 
for another Instrument exactly con- 
formable thereto written in the French 
language, with a translation thereof, 
which has been delivered to me on his 
part, agreeably to his full Powers. 

Done near the Castles of the Dar- 
danelles, the 5th of January, 1809, 
which corresponds with the year of the 
Hegira 12:^3, the 19th day of the Moon 
Zilkaade. 

(Sd.) Seyd Mehemmed Emust Vahid 
Eeeendi, (L.S.) 

(Sd.) Robert Adair, (L.S.) 


XII. Les ratifications du present 
Traite de Paix entre les hani(‘s Par- 
ties Contractantes seront eehangees 
h Constantinople dans Fespain^ do 
quatre vingt onze jours, de|)iiis la 
date du. present Traite, ou j)lntdt 
si faire se pourra. En foi de (jiioi, 
et afin que la ratification des douze 
Articles de ce Traite qui vient d^ctirc 
heureusement conclu avec Fassis- 
tanee de Dieu, et en vertu de. la 
since rite et loyaute des deux Pa,rii(.^s 
puissent etre echangees; Moi, Ple- 
nipotentiaire de la Sublime Porte, ai 
en vertu de mes Pleins-pouvoirs, 
signe et caebete cet Instrument, Ic- 
quel j^ai remis au Plenipotcntiaire 
Anglois, en echange centre un autre 
Instrument tout h fait conforme, 
ecrit en langne Fran(;oise, avec sa 
traduction, qui m\a ete remis do sa 
part, coiiformement h ses Pleins- 
pouvoirs. 

Fait pres des Chateaux des Dar- 
danelles, le 5 Janvier, 1809, qui eor- 
respoud k Fan de FHegire 1223, le 
19 de la Lune Zilkaade, 

(Signe) Seyd Mehemmed Emin 
Vahid Eefendi, (L.S.) 

(Signe) Robert Adair, (L.S.) 



TUEKISH ARABIA. 

APPENDIX No. II.— 3. 

OTTOMAN OEDEE IN COUNCIL. 

At the Court at Wmdsor, the 12^/i day of Decemhcr 1873. 

PRESENT : 

TLe Queen’s Most Excellent Majesty in Council. 

Whereas Her Majesty the Queen has power and jurisdiction i 'l . ■ 
dominions of the. Sublime Ottoman Porte: 

NoW;, therefore. Her Majesty, by virtue and in exercise of the powers 
in this behalf by the Foreign Juinsdiction Acts or otherwise in Her vested, 
is pleased, by and with the advice of Her Privy Council, order, aud it is 
hereby ordered as follows : 

I. — Preliminary. 

1. This Order shall commence and have effect from and immediately 
after the 31st of December 1873. 

2. The Orders and Eules described in the first Schedule to this Order 
are hereby repealed. 

But this repeal shall not affect the past operation of those Orders or 
E/ules, or any of them ; nor shall this repeal affect any appointment or depu- 
tation made under any of those Orders ; and every such appointment and depu- 
tation sliall continue and be as if this Order had not been made, being neverthe- 
less liable to be revoked, altered, or otherwise dealt with under this Order, as if 
it had been made under this Order ; nor shall tliis repeal affect any right, title, 
obligation, or liability accrued, or the validity or invalidity of any thing done 
under those Orders or Rules, or any of them; nor shall this repeal interfere 
with the institution or prosecution of any proceeding in respect of any offence 
committed against, or any penalty or forfeiture incurred under, any of those 
Orders or Rules. 

3. Pending proceedings shall he regulated hy this Order, as far as the 
nature and circumstances of each case admit. 

4. In this Order — 

the Secretary of State means one of Her Majesty^s Principal Secre- 
taries of State; 

the Ottoman dominions^^ means the dominions of the Sublime Ottoman 

Porte ; 

Consular OfficeF^ means a Consul-General, Gonsnl, Vice-Consul, or 
Consular Agent of Her Majesty resident in the Ottoman dominions includ- 
ing a person iuiting temporarily, with the approval of the Secretary of State, 
as or for a Consul-General, Consul, Vice-Consul, or Consular Agent of Her 
Majesty so resident ; 


VII 


D 



xxvi Appendix Ho. II.-~ Turkish ArohiB.— 'Ottoman Order in Council. 


^^commissioned Consular Officer^"’ meaii$ a Consular OfRcer not being’ 
merely a Consular Agent^ and holding a commission of Consul-General;, 
Consul; or Vice-Consul from Her Majesty, including a person acting tempo- 
rarily, with the ap])roval of the Secretary of State, as or for such a commis- 
sioned Consular Officer ; 

uncommissioned Consular Officer^^ means a Consular Officer not holding 
such a commission, including* a person acting temporarily, with the approval 
j)i the Secretary of State, as or for such an uncommissioned Consular Officer ; 

subject^’’ means a subject of Her Majesty by birth or by naturalization ; 

resident^'’ means having a fixed place of abode in the Ottoman dominions ; 

native Indian subject^^ means a native of India as defined in the Act 
of Parliament of 185S, for the better government of India,” not of Euro- 
pean descent; 

protected person” means a person enjoying Her Majesty^s protection; 

Ottoman subject” means a subject of the Sublime Ottoman Porte; 

■ foreigner” means a subject or citizen of a State in amity with Her 
Majesty, other than the Sublime Ottoman Porte ; 

month” means calendar month; 

pounds” means pounds sterling; 

will” means will, codicil, or other testamentary instrument ; 

Office copy” means a copy either made under direction of the Court, or 
produced to the proper officer of the Court for examination with the original, 
and examined by him therewith, and in either case scaled with the seal of the 
Court, as evidence of correctness ; 

^^oath and affidavit,” and words referring thereto, or to swearing, may he 
construed to include affirmation and declaration, and to refer thereto, or to the 
making of an affirmation or declaration, where an affirmation or declaration is 
admissible in lieu of an oath or affidavit; 

proved” means shown by evidence on oath in the form of affidavit, or 
other form, to the satisfaction of the Court of Consular officer acting or 
having jurisdiction in the matter; 

proof” means the evidence adduced in that behalf; 
words importing the plural or the singular may be construed as referring 
to one person or thing, or to more than one person or thing, and words 
importing the masculine as referring to females (as the case may require) , 

For the purposes of this Order the district of the Consulate-Gonertil of 
Constantinople shall be deemed to consist of, and comprise the districts of, the 
following Consulates and Vice-Consulates, namely : 


Adrianople, 

Ohio, 

Brussa, 

Ineholi, 

Burgas, 

Lemnos, 

Dardanelles, 

Pauorrna, 

Elios, 

Rhodes, 

Gallipoli, 

Rodosto ; 



4.ppeildix !N'o. II.— Turkish Avdb\>i2b— Ottoman Order in Council. 


XXVll 


but the Secretary of State may^ if be tliiuks fit^ from time to time by order 
under bis baud; enlarge or diminish the district. 


II. — General Provisions respecting Her Majesty^s Jurisdiction. 

5. All Her Majesty^s civil jurisdiction exercisable in the Ottoman 
dominions for the judicial bearing and determination of matteis in diiferenco, 
or for the administration or control of property or persons, — and all Her 
Majesfcy^s criminal jurisdiction there exercisable for tlie repression or punisb- 
inent of crimes or offences or for the maintenance of Order, — shall be exercised 
under and acfcording to the provisions of this order and not otherwise. 

6. Subject to the other provisions of this Order, the civil and criminal 
jurisdiction aforesaid shall, as far as circumstances admit, be exercised on the 
|)rineiples of and in conformity with the Common Law, the doctrines of 
Equity, the Statute Law, and other Law for the time being in force in and 
for England, and with the powers vested in and according to the course of 
procedure and practice observed by and before Courts of Justice and Justices 
of the Peace in England, according to their respective jurisdictions and 
authorities. 

7. Nothing in this Order shall deprive Her Majesty’s Consular ofllcers 
of the right to observe and to enforce the observance of, or shall deprive any 
person of the benefit of, any reasonable custom existing in the Ottoman 
dominions, except where this Order contains some express and specific provi- 
sion incompatible with the observance thereof. 

8. In any case, in the decision of wliich under the Capitulations, 
Articles of Peace, and Treaties with the Sublime Ottoman Porte, any of Her 
Majesty^s Consuls may or oiygb-t to concur, a Consular Officer exercising 
jurisdiction under this Order shall alone act on the part and on behalf of Her 
Majesty. 


III. — Constitution op Her MA,TESTY^s Consular Courts. 

i. — The Supreme Consular Courl at Couslanlbiojde. 

9. There shall be a Court styled Her Brikmuic Majeslfs Suj)remc 
Consular Court for the dornlnions of the Suhlime Ottoman Forte (in this Order 
referred to as tlie Supreme Court, and comprised in the term the Court^^) . 

10. There shall be one Judge and one Assistant' Judge of the Supreme 
Court. 

There shall be attadie<l to .the Supreme Court so many officers and clerks 
as the Secretary of Stat(i Irom time to time thinks fit, 

11. Her Majesty^s Consul-General at Constantinople for the time Ixnng 
shall be Judge of the Supreme Court; but he shall be appointed to the office 
o'f Judge by Her Majesty by a separate warrant under Her Royal sign 
manual. 



xxviii Appendix "No. II.— Turkish Arabia — Order in Council. 


He shall be^ at the time of his appointment^ a member of the Bar of 
England^ Scotland^ or Ireland^ of not less than seven years’ standing, or a 
subject who has filled the office of Assistant Jndge or Law Secretary of tlio 
Supreme Court, or the office of Legal Vice-Consul in the Ottoman dominions. 

He may, in case of his absence or intended absence from the district of 
the Consulate- General of Constantinople, either in the discharge of his duty 
or on leave, or in case of his illness, appoint, by writing under his hand, a fit 
person to be his Deputy. The Deputy Judge so appointed shall have all the 
jurisdiction, power, and authority of Judge. 

During a vacancy in the office of Judge, or on emergency, a fit person, 
approved by the Secretary of State, may temporarily be Acting Jnclge. The 
Acting Judge shall have all the jurisdiction, power, and autliority of Judge, 

12. The Assistant Judge shall he appointed by Her Majesty. 

He shall hold by commission from Her Majesty the appointment of Vice- 
Consul. 

He shall act as Registrar of the Court. 

In ease of the absence or illness of the Assistant Judge, or daring n 
vacancy in the office of Assistant Judge, or during the temporary employ- 
ment of the Assistant Judge in any other capacity, the Judge may, 1)y 
writing under his hand and the seal of the Supreme Court, appoint a fit 
person, approved by the Secretary of State, to act temporarily as Assistant 
Judge.^ The person so appointed shall have all the jurisdiction, power, and 
authority of Assistant Judge. 

13. The Secretary of State may, from time to time, temporarily attach 
to the Supreme Court such persons, being Consular Officers, as he thinks fit. 

A person thus attached shall discharge such duties in conneotion with the 
Court as the Judge from time to time, with the approval of the Secretary of 
State, directs; and for that purpose shall have the like jurisdiction, power, 
and authority as the Assistant Judge. 

ii, — The Chief Conmlar Court for JEgyirb, 

14. There shall be a Court styled Her Britannic Majesifs Chief Conmlar 
Court for Egypt (in this Order referred to as the Court for Egypt, and 
comprised in the term the Courk’^). 

Majesty^s Legal Vice-Consul resident in Egypt for tlie time beino' 
shallbe the Judge of the Court, but he shall be appointed to the office ot 
Judge by Her Majesty by a separate warrant under Her Royal sign manual. 


follows :■ 


By a sulsequent Order in Council, dated July 1874 tins paragrapli 


was modified as 


■M • Consul at Alexandria for the time being shall he the Judge of: Her Britannic 

Majesty’s Chief Consular Court for Egypt ; but he shall be appointed to the ofllce of Judge bv 
Her Majesty by a separate warrant under Her Eoyal sign manual ^ ^ 



Appendix Wo. II.— Turkish AmloiB.— Ottoman Order in ComwiL 


xxix 


He sliall be^ at the time of bis aj^iiointmcnt, a member of the Bar of 
England; Scotland; or Ireland; of not less than seven years^ standing; or a 
subject who bas filled the office of Assistant. Judge or Law Secretary of tbe 
Supreme Court; or tbe office of Legal Vice-Consul in tbe Ottoman dominions. 

During a vacancy in tbe office of JudgC; or on emergency; a fit person; 
approved by tbe Secretary of State, may temporarily be Acting Judge. Tbe 
Acting Judge shall have all tbe jurisdiction; power, and autbority of Judge. 

There shall be attached to tbe Court a Law Secretary and so many 
officers and clerks as tbe Secretary of State from time to time thinks fit. 

Tbe Law Secretary shall be appointed by Her Majesty. 

He shall hold by commission from Her Majesty the appointment of 
Vice-Consul. 

He shall act as Registrar of tbe Court. 

In case of tbe absence or illness of the Law Secretary, or during a 
vacancy in the office of Law Secretary, or during the tcm])orary employment 
of the Law Secretary in any other capacity, the Judge of the Court for 
Egypt may, by writing under iiis band and the seal of the Court, appoint a 
fit person, approved Iry the Secretary of State, to act temporarily as Law 
Secretary. The person so appointed shall have all the jurisdiction, power, 
and authority of Law Secretary. 


Hi, — The Provincial Consular Courts, 

15. Every commissioned Consular Officer, with such exceptions (if any) 
as the Secretary of State from time to time thinks fit to make, sliall, for and 
in bis own Consular district, subject to the provisions of this Order, bold 
and form a Court. 

Every uncommissioned Consular Officer, with sucli exce[)iions (if any) as 
tbe Supreme Court, by writing under the band of the J udge and the seal 
of tbe Court, from time to time thinks lit to make, shall, for and in his own 
Consular district, subject to the provisions of this Order, liold and form a 
Court. 

Every such Cout shall he styled ITer llrUaimic ]\lj{jesifs Consular Courl 
at Snrj/rna [jor as the ease niaij he'\ (in this Order referred to as a Provincial 
Court, and comprised in tbe term ‘^Hbc Court^^), 

IV. — IIegisteation of Subjects anb Protected Persons. 

IG. Every resident subject (except a native Indian siiljjcct) and ])rotectcd 
person, being of the age of 21 years or Upwards, — or being married, or a 
widower or widow, though under that age, — shall, in January in every year, 
register himself or herself in a register to l)e kept at tlie Consulate of the 
Consular district within wliicb bo or she resides, — subject to this (pialilieation, 
that the registration of a man shall be deemed to eom])risc tbe registration 
of bis wife (unless she is living apart from him), and tliat tbe registration 
of the bead of a family, wbetber male or female, shall be deemed to comprise 



XXX 


Appendix II.—Turkisll AxobiSi—OUoman Order VI Council. 


tlie registration of all femaleSj being relatives of the head of the family 
(in whatever degree of relationship) living under the same roof with the 
head of the family at the time of his or her registration. 

Every non-resident subject (except a native Indian subject) and prorceied 
person^ arriving in the Ottoman dominions at a place where a Consular ofiiee 
is maintained^ unless borne on the muster roll of a British vessel there 
arrivings shall^ within one month after his or her arrival^ register himsell or 
herself in a register to be kept at the Consular office there, but so tha.t no 
person shall be required to register himself or herself more than once in any 
year, reckoned from the 1st of January. 

Any person failing so to register himself or herself, and not excusing his 
or her failure to the satisfaction of the Consular Officer, shall not ho entil led 
to be deemed a subject or protected person, and shall be deemed guilty of a 
contempt of Court, and shall be liable to a fine of not more than IUa*. 

17. A native Indian subject resident in or resorting to the OLtomau 
dominions, may, if he or she thinks fit, register himself or herself at the times 
and in manner aforesaid. 

A native Indian subject not so registering himself or licrsclf shall not 
be entitled to sue in the Court, or to receive the support or protection, of a 
Consular Officer with I'espect to any suit or proceeding to which he or she is 
a party in a Court or before a judicial officer of the Sublime Ottoman Porte 
or in a Court or before a judicial officer iu the Ottoman dominions of a. Stale 
in amity with Her Majesty; nor shall a Consular Officer exercise jurisdiction 
for the punishment of a crime or offence committed by a native Indian 
subject unless at the date of the commission of the crime or offence he or 
she was so registered. 

18. The Consular Officer shall give to every person registered under this 
Order a certificate of registration under his hand and Consular seal ; and tlie 
name of a wife, unless she is living apart from her hiisl)and, shall he endorsed 
on her husband^s certificate ; and the names and descriptions of females whose 
registration is comprised in that of the head of the family shall be endorsed 
on the certificate of the head of the family. 

19. Every person shall on every registration of himself or herself he 
liable to pay a fee of 5^. 


V. — J XjaiES. A SSESSORS. 

20. Every male resident subject, being of the age of 21 years or 
upwards, having a competent knowledge of the English languagt^,— liaving 
or earning a gross income at the rate of not less than o\)l. a year,— not having 
been attained of treason or felony or convicted of any crime that is inhunous 
(unless be lias obtained a free pardon), and not being inuler outlawry, shall 
be qualified to serve on a jury, 

21. All persons so qualified shall be liable so to serve, except the 
following : 



Appendix No* II.—TlirMsh Arabia— 0//owa;j Onlrr In Council. 


xxxi 


Persons in Her Majesty^'s Diplomatic^ Consular^ or other Civil Service^ in 
actual employment ; 

Officers, clerks, keepers of prisons^ messengers, and other persons 
attached to or in the service of the Court; 

Officers and others on full pay in Her Majesty's Navy or Army, or in 
actual employment in the service of any Department connected therewith ; 

Persons holding appointments in the Civil Service, and Commissioned 
Officers in the Naval or Military Service, of the Sublime Ottoman Porte; 

Clergymen and ministers in the actual discharge of professional duties ; 

Advocates and attorneys in actual, practice ; 

Physicians, surgeons, apothecaries in actual practice ; 
and except persons disaljled l.)y mental or bodily infirmity. 

22. The jury list for each district shall be revised and settled not later 
than tlie 1st of Marcli in every year, and when settled shall be affixed in some 
eons})icuous place in the Court, and be there exhibited during not less than 
two months. 

The list, as settled, shall 1)0 brought into use in every year on the 1st of 
Alarch, and shall be used as the jury list of the distriet for the twelve mouths 
then next ensuing. 

23. Where there is to be a heaving with a jury, the Court shall summon 
so many of the persons comprised in the jury list, not fewer than twelve, as 
seem reipiisitc. 

Any person failing to atteiul according to the summons shall be deemed 
guilty of a contempt of Court and shall be liable to such fine, of not more 
than 10/., as the Court thinks lit to impose. 

The line shall not he levied until after the expiration of fourt-ei'n days. 
The proper officer of the Court shall forthwith give to th{‘ person lined notice 
in writing of the im])ositlou of the line, and rinpiire him, within six days after 
r(‘cei])t of the notice, to tile an alfulavit exeusing* his non-at-lciulanec (if he 
desires to do so). The (knirt shall consider the ailidavit, and may, if it thinks 
lit, remit the line. 

2d. A jury shall consist of live jurors. 

25. In civil and in criminal castes the like challenges shall be allowed as 
in Ihigland, witli this addition that in civil cases each juirty may challenge 
three jurors peremptorily, 

2(). A jury shall be required to give an unanimous verdict. 

27. An assessor shall be a eonipetent and im})artial subject, of good 
ri^pnte, r(‘sident In the district of the |>articnlar Court, and nominated and 
summoned by the Court, for the purpose of acting as assessor. 

28. In the Su|)remc Court, or in the Court for Egypt, there may be 
one assessor or two assessors, as the Court thinks lit. 

In n l^rnviiw*iid (tnivi, i.ln^rn Khnll nrdlniirllv nnf. ilnin f,vv/v miuI 



xxxii Appendix Ho. II.— Turkish Arabia— Order in Council 

tlie Court is able to obtain the presence of one assessor only, the Court 
may, if it thinks fit, sit with one assessor only ; and where, for like reasons, 
the Court is not able to obtain the presence of any assessor, the Court may, 
if it thinks fit, sit without an assessor, — the Court, in every case, recording* 
in the minutes its reasons for sitting with one assessor only or without an 
assessor. 

29. An assessor shall not have any voice in the decision of the Court 
in any case, civil or criminal; but an assessor dissenting in a civil case from 
any decision of the Court, or, in. a criminal case, from any decision of the 
Court or the conviction or the amount of punishment awarded, may record in 
the minutes his dissent, and the grounds thereof, and shall be entitled to 
receive without payment, a certified copy of the minutes. 

VI. — General Authorities and Procedure. 

30. All Her Majesty^s jurisdiction, civil and criminal, shall, for and 
within the district of the Consulate-General of Constantinople, be vested 
exclusively in tbe Supreme Court as its ordinary original jurisdiction. 

31. All Her Majesty^s jurisdiction, civil and criminal, not under this 
Order vested exclusively in the Supreme Court, shall, to the extent and in 
the manner provided by this Order, be vested in tbe Court for Egypt) and in 
the Provincial Courts each for and within the Consular district of the Con- 
sular Officer by whom the Provincial Court is held. 

32. The Supreme Court shall have in all matters, civil and criminal, au 
original jurisdiction concurrent with the jurisdiction of the Court for blgy{)t 
and of the several Provincial Courts, to be exercised subject and according to 
the provisions of this Order. 

33. The Supreme Court shall ordinarily sit at Constantinople, luit may, 
on emergency, sit at any other place within the district of the Ckmsulate- 
General of Constantinople, and may at any time transfer its ordinary sittings 
to any such place as the Secretary of State approves. 

34. . The Judge of the Supreme Court may, if and when he thinks fit, 
visit in a magisterial or judicial capacity any place in the Oitoinan dominions, 
and there enquire of, or hear and fetermine, any case, civil or criminal, — ^or 
may direct the Assistant Judge of tbe Supreme Court to visit in the like 
capacity, and for the like purpose any place in the Ottoman dominions. The 
Assistant Judge shall in every such case, subject to the provisions of this 
Order, have the like jurisdiction, power, and authority as tiie Judge of the 
Supreme Court. 

35. Tbe Court for Egypt shall have in all matters, civil and criminal, 
an original jurisdiction, concurrent with the jurisdiction of the scvca-al Pro- 
vincial Courts in Egypt, to be exercised subject and according to the provi- 
sions of this Order. 

36. The Court for Egypt shall ordinarily sit at Alexandria or Cairo, 
but may at any time transfer its ordinary sittings to any such place in Egypt 
as the Secretary of State approves. 



Appendix No. II.— Turkistl Arabia — Ottoman Order in Council. 


xxxiii 


37. The Judge of the Court for Egypt tnaj^ if and when he thinks fit, 
visit in a magisterial or judicial capacity any place in Egypt, and there enquire 
of, or hear and determine, any case, civil or criminal. 

38. A Provincial Court held before a commissioned Consular Officer 
shall have in all matters, civil and criminal, an original jurisdiction concurrent 
with the jurisdiction of the several Provincial Courts (if any) held within 
the district of the first-mentioned Court before uncommissioned Consular 
Officers, to be exercised subject and according to the provisions of this Order. 

39. The Court for Egypt or a Provincial Court may, of its own motion, 
or on the application of any person concerned, report to the Supreme Court 
the pendency of any ease, civil or criminal, which appears to the Court for 
Egypt or the Provincial Court fit to be heard and determined by the Supreme 
Court. 

The Supreme Court shall thereupon direct in what mode and where the 
case shall be heard and determined, and the same shall be so heard and detor- 
miii ed accord i ugly . 

40. The Su[)rcme Court, the Court for Egy])t, and each Provincial 
Court held liefore a commissioned Consular officer shall, in the exercise of 
every part of its jurisdiction, be a Court of Record. 

4d. The Court for Egypt and each Provincial Court shall execute a writ 
or order issuing from the Sii})reme Court, and shall take security from any 
person named in a writ or order for his appearanee ])crsona,lIy or by attorney, 
and shall, in default of security being given, or wlum the Supreme Court so 
orders, send the person to Constaniino[)le on board one of Her Majesty’s 
vessels of war, or, if none is available, then on board some Eiitish or other 
fit vessel. 

The order of the Court shall bo sufficient anthorliy to the Commamha* 
or mastc'r of the vessel to receive and detain the ])erson, and to carry him to 
and deliver him up to Constantinople, according to the order. 

42. The Supreme Court, the Court for Egypt, and each Provincial Court 
shall be auxiliary to one a,nother in all particulars relative to the administra- 
tion of justice, civil or criminal, 

43. Each Provincial Court shall every twelve months furnish to the 
Supreme Court a report of evexy case, civil and criminal, brought before it 
in such form as the Supreme Court from time to time directs. 

44. A suit or proceeding shall not bo commenced in the Court against 
any person for anything done or oixiitted under this Order, unless notice in 
writing is given by the intending plaintiff or prosecutor to the intended defen- 
dnnt one month at least before the commenccnient of the suit or proceeding, 
nor unh‘ss it is commenced within three months next after i.ho act or omission 
complained of, or in case of a continuation of damage, within throe nxonths 
next after the ceasing of the damage. 

The plaintid* in sucli a suit shall not sxxeceed if tender of siiffici(mt 
amends is made by the <l(4cndant bclbre the coinmeneemeut thereof; and if 
no tender is made, the defendant may, by leave of the Court, at any time 



XXXIV 


Appendix ISfo, II.— Turkish Arabia — Ottoman Order in Cornell. 


pay into Court sucli sum of money as be thinks fit; and thereupon such pro- 
ceeding' and order sliali be had and made in and by the Courts as the Court 
thinks just. 

Bale of Cojries. 

4)5. A copy of this Order shall be exhibited in each Court. Printed 
copies shall be provided and shall be sold at such reasonable price as the 
Supreme Court directs. 

Forms. 

46. The forms set forth in the Second Schedule to this Order, or forms 
to the like effect, may be used with such variations as circumstances reipiire. 

Fees. 

47. The fees speeilied in the Third Schedule to this Order shall bo paid. 

Reconciliaiion. 

48. In civil cases, the Court and its officers shall, as far as there is 
proper opportunity, promote reconciliation among persons over whom the 
Court has jurisdiction, and encourage and facilitate tiie settlement in an 
amicable way, and without recourse to litigation, of matters in differenee 
among them. 

Where a civil suit or proceeding is pending, the Court may promote 
reconciliation among the parties tliereto, and encourage and facilitate the ami- 
cable settlement thereof. 

In criminal cases, the Court may |)romote reconciliation and encourage 
and facilitate the settlement in an amicable way of proee(‘diugs for assault or 
for any other offence not amounting to felony and being of a ])vivate or per- 
sonal character, on terms of })aymeut of eompeiisation or other terms a[>[>rove(i 
by the Court, and may thereupon order the proceedings to be sta}'ed. 


Language. 

49. Every summons, order, and other document issuing from the Court 
shall be in English or Italian or in English and Italian. 

Every petition, answer, and other document filed in the Court in a civil or 
criminal proceeding by a party thereto shall be in English, or French, or 
Italian. 

Every affidavit used in the Court shall be in English or in the ordinary 
language of the person swearing it. 

An affidavit in any language other than English, or French, or Italian, 
shall be accompanied by a sworn translation into English, or French, or Italian, 
procured by and at the expense of the person using the affidavit. 

Where there is a jury, all the proceedings before the jury shall be con- 
ducted in English, — evidence, if given in any other language, being inter- 
preted. 



Appendix No. II.— Turkish Axilhiil—Otfomayi Order in Council. 


XXXT 


Seals. 

50. Summonses, orders, and other doenments issuing’ from the Supreme 
Court, or from the Court for Egypt, shall be sealed with the seal of that 
Court. 

Those issuing from a Provincial Court shall he scaled with the official 
seal of the Consular offieer by whom tliey are issued. 

MiniUes of Proceedings. 

51. In every case, civil or criminal, minutes of the proceedings shall be 
drawn up, and shall be signed by the Judge or Consuhir I)ffieer bel’ore whom 
the proceedings are taken, a,ntl sliall, where the suit is heard with, assessors, be 
open for their inspection and for their signature it concuriHid in by them. 

Those minutes, with the depositions of witnesses, and the notes of 
evidence taken at the hca,ring or trial l)y the Judge or Consular Officer, shall 
bo preserved iu the public oiliee of the Court. 

Counsel, Allorneijs, and Agents. 

5^1. Every ])erson doiiig an act or (,aking a |)ro(‘ocding* iu the Court as 
plaiutilf iu a civil case, or as making a criminal (dmrg(^ against another person, 
or otherwise, shall do so iu his own name and not otherwise, and either — 

(a) by himself ; or 

(b) by his counsel or attonicy-at-law ; or 

(c) by his procurator or agent thereunto lawfully authorized in writing. 

Where the act is done or proceeding taken by a,n a,iLorn(‘y, procurator, or 
agent, the power of attorney, or instrument consii.ut ing (he ])rocurator or 
agent, or an authenticated copy ihereof, shall he lirst, hied in the Clourt. 

Where the a,uthoriiy ha.s reference only to the partieula.r proceeding the 
original document shall he lih‘d. 

Where the autliority is gtnuu'al, or luis reh^rence toother matt(‘rs in whidi 
the attorney, procurator, or agent is empowered to act, an authenticated copy 
of the document ma}^ be hied. 

If any person does an act or tak(is a pnxteoding In the Court in the name 
or on behall: of another })erson, not luaug lawfully authoriz(Ml thereunto, and 
knowing himself not to be so authorized, he shall be deemed guilty of a con- 
tempt of Court. 

Where in tliis Order appearance is referred to, a]>i)earance in person, or 
by counsel, attorney, procurator, or agent as aforesaid, is meant, unless it is 
otherwise expressed. 

Service. 

53. Service of a petition, notice, summons, order, or other document of 
which service is recpiired by this Order, or according to the course of the 
Court, shall be made by an officer of the Court, unless in any case the Court 
thinks lit otherwise to direct. 



xxxvi Appendix No. II.—Turkish Arabia— 0/f/ow^zji Order in Council. 


Service shall not be made except under an order of the Court endorsed on 
or subscribed or annexed to tlie doeiuueut to be served^ wln’ch order is for the 
purposes of this Order deemed part of the document to be served. 

Unless in any case the Court thinks it just aud expedient otlienvise to 
direct^ service shall be personal^ — that is, the document to be served shall be 
delivered to the penson to be served bimseli 

Where it appears to the Court (either after or with out. an at.iiern])t at 
personal service) that for any reason personal service cannot be couvcuicutly 
effected^ the Court may order that service be effected cither — 

(i) by delivery of the document to some adult inmate at ibe usual or last 
known place of abode or bnsiuess within the particular jurisdiction 
of the person to be served ; or * 


(ii) by delivery thereof to some person being an agent of tlu^ pt^rson to 
be served;, or to some other person withiti the };)arti(‘ular jurisdicdlon, 
on it being proved that there is reasonable probability thiit tlui domi- 
meiit will, through that agent or other person, come to the know- 
ledge of the person to be served ; or 

(lii) by advertisement in some newspaper circulating within the inirt icular 
jurisdiction; or 

(Iv) by notice put up at the Court or at some other place of public resort 
within the particular jurisdiction. 

An order for service may be varied from time to time witli respect to the 
mode of service directed by the order. 

Service not required to be personal shall be made btdore five (d<doek in 
the evening. 


If made after that hour on any day but Saturday, it shall be considered 

as made on the following day. 

+T, Satnrelay, it shall he consiilcrod as uuuie on 

tne iollowing Monday. 

Service shall not be made on Sunday, Christmas Daj', or Cood Friday. 

Ordinarily, service shall not he made out of the particular tnrisdi.d.imi 
P^i’iwse made by the Court within wlm.'^e iuris- 
may he made on tin* napiest of any 
other Court, and shall in each case direct in what mode service is tu he made.^ 

urgency or other peculiar cirenmsianeos of the case 

appeal to any Court so to require (for reasons recorded in the nhuuie.s) the 

Court may order that service be made out of its particular jurisdietiou. ' 


Computation of Time. 

1.1. or any order of the Court or 

the Court, any limited time from or after any date or event 


the course of 
is appointed or 



Appendix ISTo. II.—Turkish Avahi^^,— Ottoman Order in Council. 


XXXVll 


allowed for tlie doing* of any act, or the talving* of any i^rocecdiag*, and the 
time is not limited by hours, the following* rules shall a|)])ly : — 

(i) the limited time docs not include the day ol: the date of or the 

happening* of the events hut commences at the beginning* of the day 
next following that day ; 

(ii) the act or proceeding must be done or taken at hdo\st on the last day 
of the limited time,* 

(iii) where the limited time is less than six days, the following days shall 
not be reckoned as part of the time, namely Suiulay, Good Friday, 
Monday and Tuesday in Easter week, Ghristnnis Day, and the day 
next before and the day next after Christmas Day ; 

(iv) where the time cx})ires on, one of tliosc days, the a(‘t or {)roeeeding 
shall be considered as done or taken in due time if it. is done or taken 
on the next day afterwards not being one of those days. 

Discretion of Court as to Practice, 

55. Notwithstanding anything in this Order, the Court (for reasons 
recorded in the minutes) may at any time, a,n(l fnnu time to time, do any of 
tlie following things as the Court thinks just : — 

(i) defer or adjourn the hearing or detenni nation of any suit, matter, 

proceeding, or applicati(,)n ; 

(ii) order or allow any amendment of any petition, answer, notice, or 
other document ; 

(iii) appoint or allow a time foi‘, or enlarge m* ahridge (ho time appointed 
or allowed for, or a, flow further time for, the doing of any act or the 
taking of any proceeding. 

50. The Court on making any order which it is in its dis(;rt‘i/iun i.o 
make, may make the order on such terms respecting lime, eosls, aud otlun* 
matters as the Court thinks lit. 

Otjsf ruction or Disiurljitncc tf Court, 

57. If any person wilfully ohstrucis hy act or threat an officer (,)£ the 
Court in the performance of his duty ; 

Or within or close to the room or place where the Court is sitting, wilfully 
mishehaves in a violent, threatening, or disres})c<;tful manner, to tlie disturh- 
anec of the Court, or to the terror of the suitor or others resorting tluncto \ 

Or wilfully insults the Judge, or any Consular Officer, or any ass(jssor 
or juror, or any clerk or officer of the Court, during his sitting or attendance 
in Court, or in his going to or returning from Court \ — 

lie sliall be liable to lie immediately appi'ehended by ordm* of the Court;, 
and to he detained until the rising of the Court;, and on empiiry and consideiv 
ation then and there, and without further tria.l, to be punished wiili a fine of 
not more than 5^^., or imprisonment for not more than seven days, in the dis- 
cretion of tlie Court. 



xxxviil 


Appendix 'No, II.—Turkisli Arabia— Orde?' in CotmdL 


A minute shall be made and kept of every such case of punishment, 
recording the fads ol: the offence, and the extent of the punishment ; and in 
the case of a Provincial Court, a copy of the minute shall be forthwith sent 
to the Supreme Court. 


Muconiluct of Officers of Court, 

58. If an officer of the Court employed to execute an order, by neglect 
or omission loses the opportunity of executing it, tlien on complaint of the 
person aggrieved, and proof of the fact alleged, the Court may, if it thinks 
fit, order the officer to pay the damages sustained by the person complaining', 
or part thereof, and the order shall be enforced as an order directing payment 
of money. 

59. If a clerk or officer of the Court, acting under pretence of the pro- 
cess or authority of the Court, is charged with extortion or with not duly 
paying over money levied, or with other misconduct, the Court, if it thinks 
fit, may (without prejudice to any other liability or punishment to which the 
clerk or officer would, in the absence of the present provision, be liable) en- 
quire into the charge in a summary way, and may for that purpose summon 
and enforce the attendance of all necessary persons as in a suit, and may 
make such order for the repayment of any money extorted, or for the payment 
over of any money levied, and for the payment of sucli damages and costs as 
the Court thinks just ; and the Court may also, if it tliinks fit, impose on the 
clerk or officer such fine, not exceeding 10^. for each offence, as the Court 
thinks just. 

Fees and other Money, 

60. All costs and all charges and expenses of witnesses, prosecutions, 
punishments, and deportations, and other charges and expenses, and all fees, 
fines, forfeitures, and pecuniary penalties payable under this Ordcu*, may I)e 
levied by distress and seizure and sale of ships, goods, and lands ; and any 
bill of sale, or mortgage, or transfer of properly made with the view of 
avoiding such distress, seizure, or sale shall not be permitted to defeat the 
provisions of this Order. 

61. All fees, fines, forfeitures, and pecuniary penalties levied under this 
Order shall be carried to the public account, and be applied in diniiuution 
of the public expenditure on account of Her Ma-jesty^s Consular service in 
the Ottoman dominions. 


Witnesses, 

6^. In any case, civil or criminal, and at any stage thereof, the Court, 
either of its own motion, or on the application of any party, may summon 
a subject or protected person, being within the particular jurisdiction, to 
attend to give evidence, or to produce documents, or to be examined. 

If the person summoned, having reasonable notice of the time and 
place at which he is required to attend, fails to attend accordingly, and 
does not excuse his failure to the satisfaction of the Court, he shall (inde- 



Appendix JSTo. II.— Turkisll 'Ottoman Order in Cou^ncil. 


XXX ix 


pendentl}^ o£ any other liability) be deemed guilty of an offence against this 
Order^ and be liable to a fine of not more than 10(J/._, or to imprisonment for 
not more than one month, in the discretion of the Court. 

63. In a criminal case^ where it is proved that a subject or protected 
person within the particular jurisdiction is likely to give material evidence, 
either for the prosecution or for the defence, and that he will not voluntarily 
attend to give evidence, the Court shall issue a summons for his attendance. 

If he does not obey the summons, and does not excuse his failure to the 
satisfaction of the Court, then (after proof of the service of the summons) 
the Court may issue a warrant to compel his attendance. 

Where it is proved to be probable that a person who might be so sum- 
moned will not attend to give evidence unless compelled to do so, then the 
Court, instead of issuing a summons, may issue a warrant in the first instance. 

If any such person on his appearance, either in obedience to a summons, 
or on being brought up under a warrant, refuse to take an oath, or having 
taken an oath to answer any question put to him, and does not excuse his 
refusal to the satisfaction of the Court, then the Court may, by warrant, 
commit him to prison, there to remain for not more than seven days, iinless 
he in the meantime consents to answer duly on oath. 

64. If in any case, civil or criminal, a subject or protected person 
wdlfully gives false evidence on oath in the Court, or on a reference, he shall 
be deemed guilty of wilful and corrupt perjury. 

65. In a civil case, the Court may, if it thinks fit, order that the 
expenses of a witness, on his appearing to give evidence, be defrayed by the 
parties, or any of them. 

66. In any case, civil or criminal, and at every stage thereof, the Court, 
on the application of either party, or of its own motion, may order witnesses 
on both sides to he kept out of Court until they have respectively given their 
evidence; hut this provision does not extend to the parties themselves, or to 
their respective legal advisers, although intended to be called as witnesses. 

67. In every case, civil or criminal, and at every stage thereof, the 
Court shall take a note of the substance of all oral evidence taken before it 
in a narrative form, but shall put dowui the terms of any particular question 
or answer, if there appears reason for doing so. 

No person shall be entitled as of right, at any time or for any purpose, 
to inspection or a copy of the Courtis notes of evidence. 

68. In every case, civil or criminal, and at every stage thereof, each 
witness, after examination in chief, is subject to be cross-examined by the 
other party, and to be re-examined by the party calling him, and after re- 
examination may be questioned by the Court, and shall not be recalled or 
further questioned save through and by leave of the Court. 

69. In a civil case, where evidence taken by affidavit, or by commission, 
or on deposition, is offered, the party offering it may read it before or after 
the oral evidence on his part is concluded. 



Xl Appendix .'isro. II.— Turkisll Arabia— Order in Council. 


70. In eveiy case^ civil or criminal^ and at eveiy sta^e thereof any 
objection to the reception of evidence shall be made at the time the evidence 
is offered^ and shall be argued and decided at the time. 

Where a question proposed to be put to a witness is objected to^ the 
Courts unless the objection appears frivolous^ shall, if required by either 
party, take a note of the question and objection, and mention on the notes 
whether the question was allowed to be put or not, and the answer to it, if 
put. 

71. In a civil case, where a person whose evidence would have been 
admissible is dead or insane, or for any reason appearing sufficient to the 
Court, is not present to give evidence, the Court may, if it thinks fit, receive 
proof of any evidence given by him in any former judicial proceeding; pro- 
vided that the subject-matter of the former proceeding was substantially the 
same as that of the pending proceeding, and that the parties to the pending 
proceeding were parties to the former proceeding or bound by it, and had an 
opportunity in it of cross-examining the person of whose evidence proof is 
so to be given. 

72. In a criminal case, if it is proved that a person whose deposition 
has been taken is dead, or is so ill as not to be able to travel, and that his 
deposition was taken in the presence of the accused, and that the accused had 
full opportunity of cross-examining the witness, the deposition may be given 
in evidence. 

73. In a criminal case, any statement made by the accused at the pre- 
liminary examination, in answer to the question put to him by the Court, as 
prescribed by this Order, may be given in evidence against him on the trial, 

74. In a criminal case, nothing in this Order shall prevent the prosecutor 
from giving in evidence at the trial any omission or confession, or other state- 
ment of the accused made at any time, which would by law, independently of 
this Order, be admissible as evidence against him. 

75. In a civil case, where the circumstances of the ease appear to the 
Court so to require, for reasons recorded in the minutes, the Court may, when 
a suit or application is pending, take the evidence of any witness at any time 
as preparatory to the hearing, and the evidence so taken may be used at the 
hearing, subject to just exceptions. 

Any Court or Consular Officer shall, on the request in writing of any 
Court before which a suit or application is pending, so take evidence for 
purposes of the suit or application. 

The evidence shall be taken in like manner, as nearly as may be, as 
evidence at tlie hearing of a suit is to be taken, and tben the note of the 
evidence shall be read over to the witness and tendered to him for signature, 
and if he refuses to sign it, the Court shall add a note of his refusal, and tlie 
evidence may be used as if he had signed it. 

Evidence may be taken in like manner on the application of a,ny person’ 
although no suit or application is pending where it is proved that the person 
applying has good reason to apprehend that a proceeding will be taken against 



Appendix No. II.—Turkish Arabia— Ottoman Order in Council. 


xli 


him in the Court; and that some person within the particular jurisdiction at 
the time of apjdication can give material evidence respecting the subject 
of the apprehended proceedings but that he is about to leave the particular 
jurisdiction^ or that from some other cause the person applying will lose the 
benefit of his evidence if it is not at once taken. 

Affidavits, 

76. Before an affidavit is used in the Court for any purpose^ the original 
shall be filed in the Court and the original or an office copy shall alone be 
recognized for any purpose in the Court. 

An affidavit sworn before a Consular Officer of Her Majesty, authorized 
to take affidavits in any country, or before a Judge, or other person in the 
United Kingdom or in a British colony or possession, authorized to take 
affidavits, or before a Mayor or other Magistrate in a foreign country, autho- 
rized to administer an oath, or in the case of a foreigner being in the Ottoman 
dominions before his own proper Consular authority, may be used in the Court 
subject to the rules of evidence. 

An affidavit shall not be admitted if it is proved that it has been sworn 
before a person on wliose behalf it is offered, or before his attorney, or before 
a partner or clerk of his attorney. 

An affidavit may be used notwithstanding any defect in form, if it is 
proved that it has been sworn before a person duly authorized, and that the 
form tliereof and that of the attestation thereto are in accordance with the 
law and custom of the place where it has been sworn. 

A defective or erroneous affidavit may be amended and re-sworn, by leave 
of the Court in which it is to be used. 

The Court may, if it thinks fit, for reasons recorded in the minutes, 
admit an affidavit in evidence, although it is shown that the party against 
whom the affidavit is offered in evidence had no opportunity of cross- 
examining the person making the affidavit. 

77. Every affidavit used in the Court shall contain only a statement of 
facts and circumstances to which the witness deposes, either from his own 
personal knowledge or from information which he believes to be true. 

It shall not contain extraneous matter, by way of objection, or prayer, 
or legal argument or conclusion. 

Where a witness deposes to his belief in any matter of fact, and his 
belief is derived from any source other than his own personal knowledge, he 
shall set forth explicitly the facts and circumstances forming the ground of 
his belief. 

Where his belief is derived from information received from another 
person, the name of his informant shall be stated, and reasonable particulars 
shall be given respecting the informant, and the time, place, and circumstances 
of the information. 

78. The following regulations shall be observed by Consular Officers 
before whom affidavits are taken : 



ylii Appendix No. II.—Turkisll Ottoman Order in Council. 


Every affidavit taken in the matter of a suit or proceeding* shall be 
headed in the Court, and in the suit or proceeding*. 

Every affidavit shall state the full name, trade or profession, address, and 
nationality of the witness. 

It may be in the first or in the third person, and may be divided into 
convenient paragraphs numbered consecutively. 

Any erasure, interlineation or alteration, made before the affidavit is 
sworn, sball be attested by the Consular Officer, who shall affix his signature 
or initials in the margin immediately opposite to the interlineation, alteration, 
or erasure. 

Where an affidavit proposed to be sworn is illegible, or difficult to read, 
or is in the judgment of the Consular Officer so written as to facilitate fraudu- 
lent alteration, he may refuse to swear the witness, and may require the 
affidavit to be re-written. 

The affidavit when sworn shall be signed by the witness (or if he can- 
not write marked by him with his mark) in the presence of the Consular 
Officer. 

The jurat shall be written without interlineation, alteration, or erasure 
immediately at the foot of the affidavit, and towards the left side of the 
paper, and shall be signed by the Consular Officer, and be sealed by him with 
his Consular seal. 

It shall state the date of the swearing, and the place where it is sworn. 

It shall state that the affidavit was sworn before the Consular Officer. 

Where the witness is blind or illiterate, it shall state that fact, and that 
the affidavit was read over to him in the presence of the Consular Officer, and 
that the witness appeared to understand it. 

Where the witness makes a mark instead of signing, the jurat shall 
state that fact, and that the mark was made in the presence of the Consular 
Officer. 

Where two or more persons join in making an affidavit, their several 
names shall be written in the jurat, and it shall appear by the jurat that each 
of them has been sworn to the truth of the several matters stated by him in 
the affidavit. 

The Consular Officer shall not allow an affidavit when sworn to be altered 
in any manner without being re-sworn. 

If the jurat has been added and signed, he shall add a new jurat on the 
affidavit being re-sworn ; and in the new jurat he shall mention the alteration. 

He may refuse to allow the affidavit to be re-sworn, and may require a 
fresh affidavit. 

Documentary Evidence. 

79. In a civil case any party may call on any other party by notice filed 
and served to admit any document, subject to just exceptions. 



Appendix No. II. — TurMsll Ottoman Order in Council. xliii 


In case of refusal or neglect to admits the costs of proof of the document 
shall be paid by the party neglecting or refusing^, unless the Court is of 
opinion that the refusal to admit was reasonable. 

No costs of proof of any document shall be allowed unless notice to 
admit has been given, except in cases where the omission to give notice has^ 
in the opinion of the Court, produced a saving of expense. 

Every document o^ered as evidence, and not objected to, shall be put in 
and read, or taken as read by consent. 

Every document put in evidence shall be marked by the Court at the 
time, and shall be retained by the Court during the hearing and returned to 
the party who put it in, or from whose custody it came, immediately after the 
judgment, unless it is impounded by order of -the Court. 

Commissiom to examine out of Ottoman Dominions. 

80. The Supreme Court may, if it thinks fit, order that a commission 
do issue for examination of witnesses at any place out of the Ottoman domi- 
nions, on oath, by interrogatories or otherwise, and may, from time -to time, 
by order, give such directions touching the time, place, and manner of the 
examination, or anything connected therewith, as to the Court appear reason- 
able and just. 

Ottoman Subjects and Foreigners. 

81. Where an Ottoman subject or foreigner desires to institute or take 
in the Court a suit or proceeding of a civil nature against a subject or pro- 
tected person — or a subject or protected person desires to institute or take in 
the Court a suit or proceeding of a civil nature against an Ottoman subject 
or foreigner — the Court shall entertain the same, and shall hear and deter- 
mine it, either by the Judge or proper Consular Officer sitting alone, or, if 
all parties desire, or the Court thinks fit to direct, a trial with a jury or 
assessors, then at place where such a trial might be had if all parties were 
subjects, by the Judge or proper Consular officer with a jury or assessors, 
but in all other respects according to the ordinary course of the Court : 

Provided that the Ottoman subject or foreigner first obtains and files in 
the Court the consent in writing of the competent authority on behalf of 
the Sublime Ottoman Porte or of his own nation (as the case may be) to his 
submitting, and does submit, to the jurisdiction of the Court, and, if required 
by the Court, gives security to the satisfaction of the Court, by deposit or 
otherwise, to pay fees, damages, costs, and expenses, and abide by and perform 
such decision as shall be given by the Court originally or on appeal (as the 
case may require) . 

82. A cross-suit shall not be instituted in the Court against a plaintiff, 
being an Ottoman subject or foreigner who has submitted to the jurisdiction, 
by a defendant, without leave of the Court first obtained. 

The Court before giving leave shall require proof from the defendant that 
his claim arises out of the subject-matter in dispute, and that there is reason- 
able ground for it, and that it is not made for vexation or delay. 



xliv Appendix J^To. II. —Turkish Arabia— Orel nr m Conmil. 


Nothing in this provision shall prevent the defendant instituting or taking 
in the Court any suit or proceeding against the Ottoman subject or foreigner 
after the termination of the suit or proceeding in which the Ottoman subject 
or foreigner is plaintiff. 

83. Where an Ottoman subject or foreigner obtains in the Court an 
order against a defendant being a subject or protected person^ and in another 
suit that defendant is plaintiff and the Ottoman subject or foreigner is defen- 
dant; the Court maj; if it thinks fit^ on the application of the subject or pro- 
tected person; stay the enforcement of the order pending that other^ suit; mid 
may set off any amount ordered to be paid by one party in one suit against 
any amount ordered to be paid by the other party in the other suit. 

Wliere a plaintiff; being an Ottoman subject or foreigner; o]>tains an 
order in the Court against two or more defendants being subjects or protected 
persons jointly; and in another suit one of them is plaintiff and the Ottoman 
subject or foreigner is defendant; the Court may, if it thinks iit, on tlic appli- 
cation of the subject or protected person, stay the enforcement of the order 
pending that other suit, and may set off any amount ordered to ho paid by 
one party in one suit against any amount ordered to be paid by the other party 
in the other suit, without prejudice to the right of the subject or protected 
person to acquire contribution from his co-defendants under the joint liability. 

84. Where an Ottoman subject or foreigner is co-plaintiff in a suit witli 
a subject or protected person who is within the particular jurisdiction, it shall 
not be necessary for the Ottoman subject or foreigner to malvC deposit or give 
security for costs unless the Court so directs, but the co-plaintiff subject or 
protected person shall be responsible for all fees and costs. 

Ottoman or Foreign Tribunal, 

85. Where it is proved that the attendance within the particular juris- 
diction of a subject or protected person to give evidcuce, or for any other 
purpose connected with the administration of justice, is required in a Court or 
before a judicial officer of the Sublime Ottoman Porte, or of a State in amity 
with Her Majesty, the Court may, if it thinks fit, in a ease and in circum- 
stances in which the Court would require his attendance l)efore tlie Court, order 
that he do attend in such Court or before such judicial officer, and for such 
purposes as aforesaid. 

If the person ordered to attend, having reasonable notice of the time and 
place at which he is required to attend, fails to attend aecordiugly, and does 
not excuse his failure to tlie satisfaction of the Court, he shall (independently 
of any other liability) be deemed guilty of an offence against ti t is Order, and 
he shall for every such offence, on conviction thereof, by summary trial, be 
liable to a fine of not more than 50/., or to imprisonment for not more than 
one month, in the discretion of the Court. 

VII. — Civil Authority and Procldurk. 

86. Each Court shall be a Court of Law and of Equity ; and (subject 
to the provisions of this Order) shall have and may exorcise all jurisdiction, 



Appendix ISTo.H.— -Turkish Arabia — Ottoman Order in Council. 


xlv 


power, and antliority, legal, equitable, or other, which any Consul of Her 
Majesty by custom has or may exercise in the Ottoman dominions. 


i. — B anktiuptcy. 

87.^ Each Court shall be a Court of Bankruptcy, and as such shall, as 
far as circumstances admit, have, for and within its own district, with respect 
to resident subjects and protected })ersons, and to their debtors and creditors, 
being* eithei icsident subjects or protected persons, or Ottoman subjects or 
foreigners submitting to tlie jurisdiction of the Court, all such jurisdiction as 
loi the time being bclong’S to the Court of Bankruptcy and the County Courts 
in England, or to any other judicial authority having for the time beino* 
jurisdiction in Bankruptcy in England. ^ 


ii. — A dmiralty. 

88. The Supreme Court shall be a Court of Vice-Admiralty, and as 
sucli shall, ;for and within the Ottoman dominions, and for vessels and persons 
coming within those dominions, have all such jurisdiction as for the time 
being ordinarily belongs to Courts of Vice-Admiralty in Her Majesty^s posses- 
sions abroad. 

The Court of Egypt shall be a Court of Vice-Admiralty, and as such 
shall, for its own district, and for vessels and persons coming within that 
district, have the like jurisdiction. 

iii. — L unacy. 

89. The Supreme Court shall, as far as circumstances admit, have in 
itself exclusively, for and within tlie Ottoman dominions, with respect to resi- 
dent subjects and })rotectcd persons, all such jurisdiction relative to the cus- 
tody and manageiucnt of the persons and estates of persons of unsound mind, 
as for the time being belongs to the Lord Chancellor or other person or per- 
sons in England entrusted by virtue of Her Majesty's sign manual with the 
care and commitment of the custody of the persons and estates of persons 
found by inquisition in England idiot, lunatic, or of unsound mind. 

iv. — M atrimonial Causes. 

90. The Supreme Court shall be a Court for Matrimonial Causes, and, 
as such, shall, as far as circumstances admit, have in itself exclusively, for and 
within the Ottoman dominions, with respect to resident subjects and protect- 
ed persons, all such jurisdiction, except the jurisdiction relative to dissolution 
or nullity or jactitation of marriage, as for the time being belongs to the 
Court for Divorce and Matrimonial Causes in England. 

V. — Probate. 

31. The Supreme Court shall be a Court of Probate, and as siicb shall, 
as far as circumstances admit, have, for and within the Ottoman dominions, 



xlvi 


Appendix ISTo.II.— Turkish Arabia— Order in Council. 


with respect to the property of deceased resident subjects or protected persons^ 
all such jurisdiction as for the time being belongs to Her Majesty^s Court of 
Probate in England. 

The Court for Egypt or a Provincial Court shall^ however; also have 
power to grant probate or letters of administration where there is no conten- 
tion respecting the right to the grant; and it is proved that the deceased was 
resident at his death within t^lie particular jurisdiction. That probate or 
administration shall have effect over all the property of the deceased within the 
Ottoman dominions; and shall effectually discharge persons dealing with an 
executor or administrator thereunder; notwithstanding that any defect after- 
wards appears in the grant. The grant shall not be impeachable by reason 
only that the deceased was not at the time of his death resident within the 
particular jurisdiction. 

92. A subject or protected person may in his lifetime deposit for safe 
custody in the Court; his own will; sealed up under his own seal and the seal 
of the Court. 


vi. — Special Jurisdictions. 

93. Where a civil suit or proceeding originally instituted in the Supreme 
Court — 

(i) relates to money; goods; or other property; or any civil right or other 
matter; at issue; of a less amount or value than 100^. ; or 

(ii) is instituted for recovery of damages of a less amount Hum 100^. ; 
the Judge may refer the same to the Assistant Judge to be heard and detei'- 
miued by hiiU; and the same shall be so heard and determined accordingly ; 
but an appeal shall lie as of course to the Judge. 

94. Where a civil suit or proceeding originally instituted in the Court 
for Egypt — 

(i) relates to money; goods, or other property, or any civil right or other 
matter, at issue, of a less amount or value than 100/. ; or 

(ii) is instituted for recovery of damages of a less amount than lOO/; 

the Judge may refer the same to the Law Secretary to be heard and determined 
by him, and the same shall be so heard and determined accordingly ; but an 
appeal shall lie as of course to the Judge. 

95. The Supreme Court may, from time to time, by deputation in writ- 
ing under the hand of the Judge and the seal of the Court, authorize the 
Consul-General at Tunis to refer from time to time to the Vice-Consul at 
Tunis such civil cases as are described in the deputation ; and all eases referred 
in pursuance thereof shall be so heard and determined accordingly; but an 
appeal shall lie as of course to the Consul-General at Tunis. 

The deputation shall not have effect until it has been approved in writino' 
by the Secretary of State, and may at any. time be revoked by the Secretary 
of State by writing under his hand, or by the Supreme Court by writing 
under the hand of the J uclge and the seal of the Court. 



Appendix Wo. II.— Turkisli Arabia — Order in ComidL xlvii 


96. A Provincial Court held before an uncommissioned Consular Officer 
shall not have jurisdiction except where the claim — 

(i) relates to money^ goods, or other property, or any civil right or other 
matter, at issue, of a less amount or value than 101 . ; or 

(ii) is instituted for recovery of damages of a less amount than 10/. 

vii. — Akbituation. ^ 

97. The Court may, with consent of parties, refer to arbitration the 
final determination of any suit or proceeding pending, or of all matters in 
difference between the parties, on such terms and with such directions as to 
appointment of an arbitrator and other things as the Court thinks fit, with or 
without security from the parties, or any of them, that they will abide by the 
result of the reference. 

In any such case the award shall be final and conclusive. 

On the application of any party a deci'ee of the Court may be entered in 
conformity with the award, and the decree shall not be open to appeal or re- 
hearing, 

98. Every agreement for reference to arbitration or submission to arbi- 
tration by consent l.)etwecn or by subjects or protected persons, or subjects 
and protected persons, may, on the application of any party, be made a rule of 
tlie Court having jurisdiction in the matter of the reference or submission ; 
and that Court shall thereupon have authority to enforce the agreement or 
submission and tlie award made thereunder, and to control and regulate the 
proceedings before and after the award, in such manner and on such terms as 
the Court thinks just. 

The following provisions respecting arbitration apply exclusively to cases 
where the agreenumt for reference to arbitration or submission to arbitration 
by consent is so made a rule of Court, 

99. The arlntrators shall make their awaixl within one month after they 
liave entered on the reference or have been called on to act by a notice in 
writing from any party, unless the document authorizing or making the 
reference contains a different limit of time. 

100. The Conrt may, if it thinks fit on reasonable notice to all parties 
from time to time, enlarge the time for making the award for such time as 
the Court tliinks just, the reasons for enlargement being recorded in the 
minutes. 

101. An umpire may enter on the reference in lieu of the arl)itrators, if 
the arbitrators have allowed their time, or their extended time, to expire 
without making an award, or have filed in the Court a notice in writing that 
they cannot agree. 

102. The authority of arbitratoi’S or an umpire is not revocable, except 
by the Court. 

103. Where it appears to the arbitrators or umpire that any difficult 
question of law is involved in or raised by the facts as finally ascertained by 
them or liim, they or he may, if it seems to them or him fit, state the award 



xlviii Appendix Ho. II. — Turkisb. Arabia — Ottoman Order in Council. 


(as to the whole or any part thereof) in the form of a case for the opinion of 
the Court having; jurisdiction in the matter^ or of the Supreme Court. 

The Court shall consider and deliver judgment on the casCj and shall he 
at liberty to draw inferences of fact from the facts stated_, and to amend the 
case by reason of any irregularity, mistake, or imperfection. • 

104. The arbitrators or umpire shall have power to award how the costs 
of the reference shall be borita, in the whole or in part. 

But an award respecting costs shall not preclude a party against whom 
costs are awarded from applying to the Court to tax the costs ; and on that 
application the costs, including the remuneration (if any) of the arbitrators 
and umpire, or any of them, shall be taxed at a reasonable rate by the Court ; 
and the Court shall make such order respecting the costs or taxation as the 
Court thinks just. 

105. The award shall be in writing signed by the arbitrators or umpire 
making it. 

It shall contain a conclusive finding, and may not find on the contingency 
of any matter of fact being afterwards substantiated or deposed to. It shall 
comprehend a finding on each of the several matters referred. 

106. The arbitrators or umpire making an award shall, within the time 
limited, deposit the award in the Court, enclosed in a sealed cover, and endorsed 
with the names of the parties to the reference, and with a note of the amount 
claimed by the arbitrators and umpire for remuneration. 

Notice of the award having been deposited shall be served by the Court 
on the parties, who shall be at liberty to read the award, and to have copies 
of it. 

107. Any person interested may, within seven days after notice of the 
award, apply to the Court to prevent the execution of the award or of any 
specified part of it. 

In default of any such application, the Court shall proceed, on reason- 
able notice to all parties, to make such order for carrying into effect the 
award, or any part thereof, and as to costs and other things, as the Court 
thinks just. 

108. The Court may at any time, and from time to time, remit the 
matters referred, or any of them, to the reconsideration and redetermination 
of the arbitrators or umpire, on such terms as to costs and other things as the 
Court thinks just. 

109. The Court shall not refuse to execute an award mei’ely on the 
ground of irregularity in the submission, or during the reference, where the 
irregularity has not been substantially prejudicial to the party applying to 
prevent the execution of the award. 

viii. — D ecision on Pact or Law, without Suit. 

. faj (Question of Fact. 

110. Where persons between whom a suit might be instituted agree 
that there is a question of fact to be determined between them, they may, by 



Appendix No, II.— Turkish Arabia ^Ottoman Order ith Council. xlix 


coBsent and by order of the Courts wMcIi order the Court may mate on being* 
satis ed that the parties have a real interest in the determination of the 
ques 'lon^ and that it is fit to be tried, state the question for trial in an issue, 

and t le issue may be tried as if the question were to be determined at the 
hearing of a suit. 


1 P^'<^^Gedi^^ and decree shall be recorded, and the decree 
shall have the same effect as a decree in a suit. 

The parties may,- if they think fit, enter into an agreement in writing 
em jocied in order of the Court, that, on the finding of the Court, a sum of 
money, tixed in the agreement, or to be ascertained by the Court on a question 
insei ec in m issue for that purpose, shall be paid by one of the parties to the 

2 ^ costs. On the finding, a decree may be entered 

or le^suin so agreed or ascertained, with or without costs, as the case may be. 

'V\ here there is no agreement 1‘cspecting costs, the costs of the whole 
proceedings shall be in the discretion of the Court. 


Qiiesliou of Law, 

4.1 f ,^^here persons between whom a suit might be instituted agree 
question of law to be determined between them, they may, by 
eonsen^an order of tbe Court, which order the Court may make on being 
sa IS ICC lat the parties have a real interest in the determination of the 
ques »ion, and that it is fit to be determined, state any question of law in a case 

Supreme Court, without petition presented or other 

n ovcler of a Court, oti.or than tlie Supreme 

Couit, t le Court shall send the case to the Supreme Ccnirt. 

Ihc Supreme Court may direct the case to be vesta, ted or to be amondedj 
or may retuse to determine it if the facts are not sunicicnt,ly stated, or if the 

qiies ion is not properly raised, or if the parties cannot ai^rco on an amended 

case. ” 

riie Supreme Court may draw inferences of fact from facts stated in 

liiie case. 


1 “^U’l-oecedingsand decree shall be recorded, and tbe decree 

shall have tbe same effect as a decree in a suit. 

The parties may, if they think fit, enter into an agreement in writing, 
of the Court, that on the judgment of the Supreme 
1 ^ A ^ money, fixed in the agreement, or to be ascertained 

such mamier that Court may direct, shall he 
I aiciy one ox the parties to the other with or without any costs. On the 
jiK j^mui ^ ‘he Supremo Court, a decree of the Court under whose order the 
case was stated may be entered for the sum so agreed or aseertained, wdth m* 
without costs as the case may be. 

IS no agreement respoeiing costs, the costs of the whole 
proceedings shall be in tbe discretion of the Supreme Court. 


o 



1 


Appendix INTo. II.— Turkish Arabia — Ottoman Order in Council, 


ix. — B ills ol Exchange and Peomissort Notes. 

112. A suit on a bill of exchange or promissory note^ instituted within 
six months after it becomes due and payable, may be commenced by summons^ 
and may be heard and determined in a summary way. 

An appeal shall not lie to the Supreme Court from any Order in the suit. 

113. The Court shall, on application within seven days from the service 
of the summons, give the defendant leave to defend the suit on his paying 
into Court the sum endorsed on the summons, or on proof of a good legal or 
equitable defence, or such facts as would make it incumbent on the homer to 
prove consideration, or such other facts as appear to the Court sufficient to 
support the application, and on such terms as to security and other things as 
the Court thinks fit; and in that case the Court may direct proceedings to be 
taken and carried on by petition. 

If the defendant does not obtain leave to defend, the plaintiff, on proof 
of service of the summons, shall be entitled as of course at any time after the 
expiration of those seven days to an immediate absolute order for any sum 
not exceeding that endorsed on the summons, with interest at the rate specified 
(if any) to the date of the order, and a sum for costs to be fixed by the Court 
in the order. 

114. The holder of a bill or note may, if he thinks fit, obtain one sum- 
mons against all or any of the parties to the bill or note, and subsequent 
proceedings shall be carried on, as far as the Court thinks fit, as if separate 
summonses had been issued. 

But the summons or its endorsement shall set forth the claims against 
the several parties, according to their respective alleged liabilities, with 
sufficient precision and certainty to enable each to set up any defence on which 
he individually may desire to reply. 

115. The Court may, if it thinks fit, order that the bill or note be forth- 
with deposited in the Court, and that all proceedings be stayed until the 
plaintiff gives security for costs. 

116. The holder of a dishonoured bill or note shall have the like remedies 
for the recovery of the expenses incurred in the noting of the same for non- 
acceptance or non-payment, or incurred otherwise by reason of the dishonour, 
as for recovery of the amount of the bill or note. 

117. After order made, the Court may, if it thinks fit, for reasons 
recorded in the minutes, set aside the order or execution, and give leave to 
defend. 


X. — Claims under £20. 

118. Where the claim which any person desires to enforce by proceedings 
in the Court, either — 

(1) relates to money, goods, or other property, or any civil right or 
other matter at issue of a less amount or value than 20/. ; or 



Appendix Wo. II.— Turkish. Avdihis^—Ottoynan Ordei' in Coimcih 


li 


(2) is instituted for the recovery of damages of a less amount than 20/. ; 
proceedings shall he commenced hy summons^ and the suit shall (subject to 
the provisions of this Order) be heard and determined in a summary way. 

119. The summons shall issue without application in writing. 

It shall be addressed to the person^ as respondent^ against whom the 
claim is made. 

It shall state briefly and clearly the nature and particulars of the claim 
and the amount sought to be recovered. 

It shall be served on the respondent within the time and in the manner 
directed hy the Court. 

A respondent shall not be bound to attend personally to answer the sum- 
mons unless required expressly by the summons so to do^ but he shall attend 
personally if summoned as a witness. 

The proceedings on the summons shall (except as far as the Courts in any 
ease for the avoiding of delay and the furtherance of substantial justice, thinks 
fit otherwise to direct) be governed by the provisions of this Order regulating 
claims for 20/. or upwards. 

■’ 120. Where, either on the application for a summons, or before or at 

the hearing thereof, it appears to the Court (for reasons recorded in the 
minutes) that the nature and circumstances of the case make it unjust or 
inexpedient to hear and determine the claim in a summary way, the Court 
may 'direct that proceedings he taken and carried on by petition. 

xi. — Claims befoue uncommissioned Consular Officers. 

1 21. Every suit instituted in a Provincial Court held before an uncom- 
missioned Consular Officer shall be heard and determined under and according 
to the provisions of this Order relating to claims under 20/. 

Within fourteen days after the determination of each suit, the Provincial 
Court shall report it to the Supreme Court, or in Egypt to the Court for 
Egypt, and transmit to that Court a copy of the proceedings. 

The Provincial Court shall have power to enforce and order by execution 
on the goods of the party ordered to pay, and not otherwise. 

An appeal to the Supreme Court, or in Egypt to the Court for Egypt, 
from any order of the Provincial Court shall lie as of course on the appellant 
making a deposit of 1/. for costs, to abide the decision on appeal, and execu- 
tion shall he suspended. 

The proceedings on, and hearing of, the appeal shall be conducted, as 
nearly as may be, according to tbe provisions of this order relating to appeals 
to the Supreme Court by motion. 

In any case tbe Supreme Court or the Court for Egypt may, if it thinks 
fit, on the application of any party, direct that the suit be heard and deter- 
mined by the Court for Egypt, or by the Superintending Consul of the 
district of the uncommissioned Consul Officer, or hy the Supreme Court. 



lii 


Appendix "No, II, — Turkisll Arabia— Order m Counoil. 


xii. — Claims jor £20 or upwards. 

A. — Ordinary Proyisions. 

Fetiiion. 

122. Subject to tbe foreg^oing provisions of this Order^ where the claim 
which any person, desires to enforce by proceedings in the Court — 

(i) relates to money, goods, or other property, or any civil right or 
other matter, at issue, of the amount or value of 20^. or upwards; or 

(ii) is instituted for recovery of damages of the amount of 20^. or 
upwards ; 

proceedings shall be commenced by the filing of a petition. 

123. The petition shall contain a narrative of the material facts on 
which the plaintiff relies. 

The narrative shall be divided into paragraphs numbered consecutively, 
each paragraph containing, as nearly as may be, a separate statement or 
allegation. 

The petition shall pray for the specific relief to which the plaintiff con- 
ceives himself entitled, and also for general relief. 

The petition shall be as brief as is consistent with a clear statement of 
the facts on which the prayer is sought to be supported, and with information 
to the defendant of the nature of the claim set up. 

Documents shall not be unnecessarily set out in full in the petition, but 
so much only of them as is pertinent and material shall be set out. 

Dates and sums shall be expressed in the petition in figures, and not 
in words.. 

124. Where there is only one defendant, one copy of the petition, and 
of any schedule thereto, for service, shall be left with the Court, together with 
the original. 

Where there are two or more defendants, as many copies as are parties 
to be served shall be left, together with the original. 

125. The plaintiff shall obtain an order for service of the petition on 
the defendant. 


Anstver, 

120. The order for service of the petition shall specify a reasonable 
time after service, ordinarily not more than eight days, within which the 
defendant shall put in his answer. 

127. The Court may, if it thinks fit, on the application of the defen- 
dant, allow him further time for putting in his answer. 

128. A defendant failing to answer within the time, or further time 
allowed, shall not be at liberty to put in an answer without leave of the 
Court. 



Appendix "No. II. '-Turkish. Arabia— Order in Council 


liii 


129. The answer shall show the nature of the defendant's defence to 
the claim set up by the petition^ but shall not set forth evidence by which the 
defence is intended to be supported. 

It shall not introduce matter irrelevant to the suit^ and the provisions of 
this Order relating to the setting out of documents and the contents of a 
petition generally shall be observed in an answer^ as far as they are applicable. 

It shall deny all such material allegations in the petition as the defend- 
ant intends to deny at the hearing. 

Where the answer denies an allegation of fact^ it shall deny it directly 
and fully (as^ for example, if a petition alleges that the defendant has received 
a sum of money, and the defendant denies this, his answer shall deny that he 
has received that sum, or any part thereof, or else set forth what part he has 
received. And so, where a matter of fact is alleged in the petition, with 
certain circumstances, the answer shall not deny it literally as it is alleged, 
but shall answer the point of substance positively and certainly) . 

The answer shall specifically admit such material allegations in the petition 
as the defendant knows to be true or desires to be taken as admitted. 

The answer shall allege any fact not stated in the petition whereon the 
defendant intends to rely in his defence (as establishing, for instance, fraud 
on the part of the plaintiff, dr showing that the plaintiff^s right to relief has 
not yet accrued, or is released, or barred, or otherwise gone). 

130. The Court may, if it thinks fit, order the defendant to put in an 
answer on oath. 

131. The Court may, if it thanks fit, on the application of the plaintiff, 
examine the defendant, on oath or otherwise, or written interrogatories allowed 
by the Court, and take down the answers of the defendant in writing. 

Tliose answers shall be treated as forming part of the answer to the 
petition. 

132. A defendant not putting in any answer shall not, on that ground, 
be taken as admitting the allegations of the petition or the plaintiff's right to 
the relief sought. 

Proceedings after answer, 

133. No replication or other pleading after answer shall be allowed. 

134. The plaintiff may, on considering the answer, amend his petition. 

Notice of the amendment shall be served on the defendant. 

Setting dozvn for Searing, 

135. A suit shall not be set down for hearing without an order of the 
Court for that purpose, which the plaintiff may obtain at any time after the 
expiration of the time allowed to the defendant for answering. 

Sittings for Hearing. 

136. The sittings of the Court for the hearing of suits shall, where the 
amount of business so requires, be held on stated days. 



liv 


Appendix No. II.— Turkish. Arabia— Order in Council. 


They shall ordinarily be public^ but the Court may^ for reasons recorded 
in the minutes^ hear any particular suit or matter in the presence only of the 
parties and their legal advisers and the officers of the Court. 

JEEearing with Jury or Assessors, 

]37. The following regulations respecting juries apply only to the 
Supreme Court and the Court for Egypt. 

Where a suit either ^ — 

(i) relates to money; goodS; or other property; or any civil right or other 
matter; at issue; of the amount or value of 50^. or ujd wards ; or 

(ii) is instituted for recovery of damages of the amount of 60L or 
upwards ; 

the suit shall; on the demand of either party in writing, filed in the Court 
seven days before the day appointed for the hearing, be heard with a jury. 

Any other suit may, on the suggestion of any party, at any stage, be 
heard with a jury, if the Court thinks fit. 

Any suit may be heard with a jury if the Court of its own motion, at any 
stage, thinks fit. 

A party demanding a jury shall, on filing the demand, deposit in Court, 
for the first day^s attendance of jurors, 10^., and in default thereof his 
demand shall have no effect. 

If the Court of its own motion orders that a suit be heard with a jury, 
the plaintiff shall make the deposit. 

Where a trial with a jury is begun and adjourned, the party who has 
made the deposit shall, on each successive day of the trial, ancl before the 
trial is proceeded with, make a further deposit of 21. IO 5 . 

In default of any successive deposit being so made the other party may 
make the deposit ; but if neither party makes it, the trial may, if the Court 
thinks fit; be adjourned generally. 

The costs of remuneration pf jurors shall be costs in the cause. 

138. The Supreme Court, or the Court of Egypt, may, if the Court 
thinks fit, hear with an assessor, or with two assessors, any suit. 

139. A Provincial Court, other than one held before an uncommissioned 
Consular Ofiicer, shall (subject to the provisions of this order) hear with an 
assessor, or with assessors, every suit which either — 

(i) relates to money, goods, or other property, or any civil inght, or other 
matter, at issue, of the amount or value of 300^. or upwards ; or 

(ii) is instituted for recovery of damages of the amount of SOOL or 
upwards. 

In all other eases a Provincial Court, . other than one held before an 
uncommissioned Consular Officer', may, as it thinks fit, hear the suit either 
with or without an assessor or assessors. 



Appendix "No. II.-— Turkisll AxsibiSi-—Ott 077 ian Order in Council, 


hr 


Proceeding at ILearing, 

140. The order of proceeding at the hearing shall be as follows : 

The party on whom the burden of proof is thrown by the natui'e of the 
material questions between the parties has the right to begin’; he shall address 
the Court and open his case. 

He shall then call his evidence and examine his witnesses in chief. 

When he has concluded his evidence^ he shall ask the other party if he 
intends to call evidence (in which term is concluded evidence taken by 
affidavit or deposition^ or under commission and documentary evidence not 
already read or taken as read); and^ if answered in the negative, the party 
beginning shall be entitled to sum up the evidence already given, and com- 
ment thereon ; but if answered in the affirmative, he shall wait for his general 
reply. 

When the party beginning has concluded his ease, the second party shall 
be at liberty to address the Court and to call evidence, and to sum up and 
comment thereon. 

If no evidence is called or read by the second party, the party beginning 
(saving the right of the Crown) shall have no right to reply, unless he has 
been prevented from summing up his case by the statement of the second 
party of his intention to call evidence. 

The case on both sides shall then be considered closed. 

If the second party calls or reads evidence, the party beginning shall be 
at liberty to reply generally on the whole case, or he may call fresh evidence 
in reply to the evidence given on the other side, on points material to the 
determination of the issues, or any of them, but not on collateral matters. 

Where evidence in reply is tendered and allowed to be given, the second 
party shall be at liberty to address the Court, and the party beginning shall 
be entitled to the general reply. 

141. The answer of defendant shall not debar him at the hearing from 
disproving any allegation of the petition not admitted by his answer, or from 
giving evidence in support of a defence not expressly set up by the answer, 
except where, in the opinion of the Court, the defence is such as ought to have 
been expressly set up by the answer, or is inconsistent therewith. 


Pidgment, 

142. The decision or judgment given at the hearing shall be delivered 
in open Court. 

Where the Court reserves judgment at the hearing, parties to the suit 
shall be served with notice to attend and hear judgment, unless the Court at 
the hearing states the day on which judgment will be delivered, in which case 
there shall be no further notice. 

All parties shall be deemed to have notice of the decision or judgment, 
if pronounced at the hearing. 



Appendix Ko. II.—Turkish Arabia— Order in Council 


iTi 


All parties served with notice to attend and hear judgment^ shall be 
deemed to have notice of the judgment when pronounced. 

Costs. 

143. In every suit the costs of the whole suit and of each particular 
proceeding therein^ and the costs of every proceeding in the Court, are in the 
discretion of the Court as regards the person by whom they are to be paid. 

But the Court shall not order the successful party in a suit to pay to the 
unsuccessful party the costs of the whole suit; although the Court may order 
the successful party, notwithstanding his success in the suit, to pay the costs 
of any particular proceeding therein. 

The Court may order any cost to be paid out of any fund or property to 
which a suit or proceeding relates. 

Where the Court orders costs to be paid by any party, the Court may, if 
it thinks fit, order all proceedings by or on behalf of that party in the same 
suit or proceeding, or connected therewith, to be stayed until the costs are paid 
accordingly. 

B. — Exceptional Provisions. 

Injunctions and Orders hefore Suit. 

144. On proof of extreme urgency or other peculiar circumstances, the 
Court may, if it thinks fit, without petition filed, and without notice, make an 
order of iujunction, or an order to sequester money or goods, or to stop a 
passport, or the clearance of a ship, or to hold to bail. 

Before making the order, the Court shall require the person applying for 
it to enter into a recognizance, with or without a surety or sureties, as the 
Court thinks fit, as security for his being answerable in damages to the person 
against whom the order is sought. 

The order shall not remain in force more than twenty-four hours, and 
shall, at the end of that time, wholly cease to be in force, unless within 
that time a suit is regularly instituted by petition by the person obtaining 
the order. 

The order shall be dealt with in the suit as the Court thinks just. 

An order to hold to bail shall state the amount (including costs) for which 
bail is required. 

It shall be executed forthwith. 

The person arrested under it shall be entitled to be discharged from 
custody under it on bringing into Court the amount stated in the order to 
abide the event of such suit as may be instituted or on entering into a recog- 
nizance, with or without a surety or sureties, as the Court ’tliinks fit, as a 
security that he will abide by the orders of the Court in any suit instituted. 

He shall be liable to be detained in custody under the order for not more 
than seven days, if not sooner discharged ; but the Court may, from time to 
time, if it thinks fit, renew the order. 



Appendix "No, II.-— Turkisll AxsibiB^—Ofioman Order in Council. 


Ivii 


No person, however, shall be kept in cnstodj under any such order and 
renewed order for a longer time, in the whole, than thirty days. 

Tlainilff out of JurUdiction. 

145. Where a person filing a petition, either alone or jointly with any 
other person, is out of the particular jurisdiction, or is only temporarily therein, 
he shall file in the Court, at or before the filing of the petition, a written 
statement of a fit place within the particular jurisdiction where notices and 
other papers issuing from the Court may be served on him. 

He shall also give security for costs by deposit of the sum of 50<?., or by 
bond in the penal sum of 100^. 

The Court may at any time, either of its own motion or on the application 
of any defendant, order the plaintiff to give further or better security to the 
amount aforesaid for costs, and may direct proceedings to be stayed in the 
meanwhile. 


Parties, 

146. Persons entitled to sue and suing on behalf of othei's as guardians, 
executors, or administrators, or on behalf of themselves and others (as 
creditors in a suit for administration), shall state the character in which 
they sue. 

147. Where a person has jointly with other persons a ground for insti- 
tuting a suit, all those other persons shall, unless the Court otherwise allows^ 
be made parties to the suit, either as plaintiffs or as defendants. 

But where a person has a joint and several demand against more persons 
than one, either as principals or as sureties, it is not necessary for him to 
bring before the Court as parties to a suit concerning that demand all the 
persons liable thereto, and he may proceed against any one or more of the 
persons severally liable. 

If a person not joined as plaintiff or as defendant ought to be so joined, 
or a person joined as plaintiff or as defendant ought not to be so joined, the 
Court may order the petition to be amended. But no person shall be so 
joined as plaintiff without proof to the Court of his consent thereto. Nor 
shall the name of a plaintiff be so struck out unless he was originally joined as 
plaintiff without his consent, or he consents to his name being struck out. 

148. Where a person sues another as agent for a third person, not 
seeking to fix the agent with personal liability, the Court, on the fact coming 
to its knowledge, shall, if the third person is within the particular jurisdiction, 
forthwith order his name to be substituted, and stay proceedings until the 
order is complied with. 

But if he is not within the particular jurisdiction, the Court shall refuse 
to proceed further in the matter, unless and until the person sued as agent 
undertakes, by writing filed in the Court, to defend the suit, and personally 
to satisfy any order for debt or damages and costs therein. In that ease the 
person sued as agent shall further, within such time as the Court orders, and 

VII H 



Iviii Appendix Wo. II.— Turkisll Ottoman Order in CotmciL 


before tlie hearing of the suit, procure and file with the proceedings a sufficient 
authority in writing to him from his principal to substitute the name of the 
principal as defendant for that of the agent^ and to defend the suit, or other- 
wise act in it on behalf of the principal. 

The agent shall not, however, be deemed to be thereby discharged from 
his personal undertaking and liability to satisfy any order in the suit. 

149. Proceedings by or on behalf of or against a partnership solely or 
jointly shall be taken in the several names of the partners as individuals, and 
not in the name of the firm or otherwise. 

T?ariimlars of Deynand. 

150. Where the plaintiff'^s claim is for money payable in respect of a 

contract expressed or implied, or to recover the possession or the value of 
goods wrongfully taken and detained, or wrongfully detained, by the defen- 
dant from the plaintiff, it shall be sufficient for the plaintiff to state his claim 
in the petition in a general' to annex to the petition a schedule, 

stating the particulars of his demand, in any form which shall give the defen- 
dant reasonably sufficient information of the details of the claim. 

An application for further or better particulars may be made by the de- 
fendant before answer. 

The plaintiff shall not, at the hearing, obtain an order for any sum 
exceeding that stated in the particulars, except for subsequent interest and costs 
of suit, notwithstanding that the sum claimed in the petition for debt or 
damages exceeds the sum stated in the particulars. 

Particulars of demand shall not be amended, except by leave of the Court, 
and the Court may, if it thinks fit, on an application for leave to amend, grant 
the same, on it appearing that the defendant will not be prejudiced by amend- 
ment. 

Where the Court orders particulars to he amended, or further or better 
particulars to be given, the order shall state the time within which the thing 
ordered is to be done. 

The order for service of the amended or further or better particulars shall 
state the time which defendant is to have to put in his answer. 

Any variance between the items contained in the particulars and the items 
proved at the hearing may be amended at the hearing if the Court thinks fit. 

Papers annexed to Petition, 

151. When the plaintiff seeks (with or without an order for payment of 
money) — 

(i) to obtain a general or special declaration of his rights under a con- 

tract or instrument ; or 

(ii) - to set aside a contract; or 

(iii) to have a bond, bill, note, or instrument in writing delivered up to 

be cancelled ; or 



Appendix 'No. II.— Turkish. Arabia— Order in Coimcil 


lix 


(iv) to restrain a defendant by injunction; or 

(v) to have an account taken between himself and any other or others; 
he may in his petition refer to and briefly describe any documents on the con- 
tents whereof he intends to rely^ and may annex copies thereof to the petition. 


Amemlment of Petition. 

152. A plaintiff j not giving sufficient information to enable the defen- 
dant to understand the plain tiff^s claim^ may be ordered^ on the application of 
the defendant^ to amend his petition. 

153. A petition may be amended at any time before answer by leave of 
the Court, on an application of the plaintiff without notice. 

Notice of amendment shall be given to the defendant. 

154. If a petition contains libelous or needlessly offensive expression, the 
Court may, if it thinks fit, either of its own motion, or on application of the 
defendant, order it to be amended. 

155. Where a petition is defective on the face of it by reason of non- 
compliance with the provisions of this Order, the Court may, if it thinks fit, 
either of its own motion, or on application by a defendant, make an order to 
stay proceedings until the petition is amended. 

Inspection of Documents. 

156. A plaintiff may be ordered to produce for inspection and other 
purposes of the suit such documents in his possession or power as are referred 
to in the petition, or such other documents, if any, as the defendant is entitled 
to inspect in the suit. 

Dqidiy. 

15T. A petition implies an offer to do equity in the suit, and admits of 
any equitable defence. 

The plaintiff may obtain at the hearing any such equitable relief as the 
facts stated and proved entitled him to, though not specifically asked. 

Where a defendant in his answer raises a defence of an equitable, nature, 
and it appears to the Court that, on this defence being established, the defen- 
dant may be entitled to some equitable relief against the plaintiff in respect 
of the subject-matter of the suit, the Court may, if it thinks fit, on the 
application of the defendant, either before or at the hearing, give liberty to 
him to file a cross-petition asking for that relief, and may make such order 
for the hearing of the suit and cross-suit together or otherwise, as the Court 
thinks just. 

Defence on ground of Law or Eguifg, 

158. Where a defendant conceives that he has a good defence in law or 
. equity to the petition, so that even if the allegations of fact in the petition 
were admitted or clearly established, yet the plaintiff would not be entitled to 



lx 


Appendix IsTo. II.— Tni’kisll AvBbm'—V'tfomayi Order i7i Council, 


any order against liim (the defendant) ; he may raise this defence by an appli- 
cation that the petition be dismissed* without an answer being required from 
him. 

The application shall be made within the time allowed for answering. 

The summons or motion-paper on which the application is made shall 
state briefly the grounds of law or equity on which the defendant relies. 

The application shall be heard and disposed of at as early a time as 
may be. 

For the purposes of the application the defendant shall be taken as 
admitting the truth of the allegations of facts in the petition ; and no evidence 
respectihg matters of fact^ and no discussion of questions of fact; shall be 
allowed. 

The Court; on hearing the application; shall either dismiss the petition or 
order the defendant to put in an answer within a short time to be named in 
the order; and may; if the Court thinks fit; give leave to the plaintiff to amend 
his petition. 

Where; on the hearing of the application; any grounds of law or equity 
are urged in support of it other than those stated in the summons or motion- 
paper; and the grounds stated therein are disallowed; the defendant shall be 
liable to pay the same costs as if the application were wdiolly refused; although 
the grounds newly urged are allowed; unless the Court thinks fit in any case 
to order otlierwdse. 

Interrogatories for Hxaminaiion of Plaintrff, 

159. A defendant may at any time (but where he is required to answer 
not until after be has put in a suflieient answer) file in the Court interroga- 
tories for the examination of a plaintiff. 

There shall be prefixed to tiiose interrogatories a concise statement of the 
subjects on which a discovery is sought. 

A plaintiff shall answer the interrogatories subject to just exceptions. 

The plaintiff^s answer to the interrogatories may be road and used by tlic 
defendant in the same manner and under the same restrictions in and under 
which an answer to a bill praying relief may be read and used. 

Set-off, 

IGO. A defence of set-off to a claim for money shall be accoin])auied by 
a statement of particulars of set-off. 

A defence of partial set-off shall also he accompanied by payment into 
Court of the amount to which; on the defendant's showing;* the plaintiff is 
entitled; unless the plaintiff's claim to that amount is resisted on some other 
ground of defence. 

In defiiult of that payment the defendant shall be liable to bear the costs 
of the suit; even if he succeeds in his delenee to the extent of the set-off on 
which he relies. 



Appendix ISTo. II. — Turkish Arabia — Ottoman Order in Council. 


Ixi 


Where a defendant in his answer raises a defence of set-off which^ in the 
opinion of the Courts is not admissible in that form^ the Court may^ if it 
thinks fit^ either before or at the hearing*, on his application, give him liberty 
to withdraw the defence and to file a cross-petition, and may make such order 
for the hearing of the suit and cross-suit together or otherwise, as the Court 
thinks just. 

A counter-claim shall not be admitted otherwise than as a defence of 
set-off. 

A defendant, raising by his answer a counter-claim by way of defence, 
shall not be entitled to any order against the plaintiff for any sum of money 
other than his costs of the suit. 

Tender, 

161. A defence alleging tender by the defendant shall be accompanied 
by payment into Court of the amount alleged to have been tendered. 

Payment into Court, 

162. Payment into Court by the defendant shall be accompanied by an 
answer or affidavit. The answer or affidavit shall state distinctly that the 
money paid in is paid in satisfaction of the plaintiffs claim generally, or 
(as the case may be) in satisfaction of some specific part of the plaintiff^s 
claim, where the claim is stated in the petition for distinct sums or in respect 
of distinct matters. 

Payment into Court, whether made in satisfaction of the plaintiff^s claim 
generally or in satisfaction of some specific part thereof, operates as an 
admission of liability to the extent of the amount paid in and no more, and 
for no other purpose. 

Where the defendant pays money into Court the plaintiff shall be at 
liberty to accept the same in full satisfaction and discharge of the cause of 
suit in respect of which it is paid in ; and in that case the jfiaintiff may forth- 
with apply for payment of the money out of Court to him, and on the hearing 
of the application the Court shall cnake such order respecting stay of further 
proceedings in the suit in whole or in part, and respecting costs and other 
matters, as the Court thinks just. 

If the plaintiff does not so apply, he shall be considered as insisting that 
he has a claim against the defendant to a greater amounl3 than the .sum paid 
in ; and in that case the Court, in determining the suit and disposing of costs, 
shall have regard to the fact of the payment into Court having been made 
and not accepted. 

Absconding Defendants. 

163. The Court, on proof that there is good reason to believe that a 
defendant means- to abscond in order to avoid the orders of the Court, after 
suit or other proceeding instituted, may, if it thinks fit, make an order to 
hold him to bail, and may require of him such security as it thinks fit for his 
remaining within the particular jurisdiction and abiding by any order to be 
made in the suit or proceeding. 



Ixii 


Appendix l^o. II. — Turkish Arabia— Order in Council. 


Guardian of Defendant for jpicrposes of Suit. 

164^. Where, on default made by a defendant in answering* or otherwise 
defending the suit after service of the petition, it appears to the Court that he 
is ail infant or a person of weak or unsound mind, so that he is unable of 
himself to defend the suit, the Court may, if it thinks fit, on the application 
of the plaintiff, or of its own motion, appoint by order some fit person to be 
guardian of the defendant for the purposes of the suit, by whom he may 
defend it. 

Before such an order is made, the Court shall cause such notice as it 
thinks reasonable to be served on or left at the dwelling-house of the person 
with wiiom or under whose care the defendant is, and also, unless the Court 
sees good reason to the contrary, in the case of an infant not residing with 
or under the care of his father or guardian, to be served on or left at the 
dwelling-house of his father or guardian, 

DaoU occurring after 8%dt. 

165. The Court may, by order, allow facts occurring after the institu- 
tion of a suit to be introduced by way of amendment into the petition or 
answer at any stage of the proceedings. 

Death of Darty or other Change. 

166. Where, after the institution of a suit, any change or transmission 
of interest or liability occurs in relation to any party to suit, or any party 
to the suit dies, or (being a woman) marries, or the suit in any other way 
becomes defective or incapable of being carried on, any person interested may 
obtain from the Court any order requisite for curing the defect, or enabling or 
compelling proper parties to carry on the proceedings. 

But any person served with such an order may, within such time, not 
exceeding fourteen days, as the Court in the order directs, apply to the Court 
to discharge the order. 

Settlement of lessees. 

167. At any time after answer the Court may, if it thinks fit, on the 
application of any party, or of its own motion, proceed to ascertain the 
material questions in controversy between the parties, and may reduce 
those questions into writing and settle them in the form of issues, which 
issues, when settled, shall, for the purposes of the subsequent proceedings, 
supersede the petition and answer, except that the petition and answer may 
be used, as containing admissions or otherwise, for ^nirposcs of evidence on 
the trial of the issues. 

Dismissal fur want of Prosecution. 

168. Where the plaintiff does not obtain an order for setting down the 
suit for hearing within three months from the time atwhicli he might first 
apply for it, the defendant may apply to the Court for an order to dismiss the 
petition for want of prosecution. 



Appendix USTo. II.— Turkish Arabia— Order in Cotindl. 


Ixiii 


The Courts thereupon, if it thinks fit, may make an order dismissing the 
petition, or may make such other order or impose such terms as it thinks 
fit. 


Absentee of Farties at Hearing, 

169. If, at the hearing, the plaintiff does not appear, the Court shall, 
unless the Court sees good reason to the contrary, strike out the suit, and 
make such order respecting costs in favour of any defendant appearing as the 
Court thinks just. 

If the plaintiff a second time in like manner fails to appear, the Court 
shall, unless it sees good reason to the contrary, dismiss the petition, which 
dismissal shall have the like effect as a dismissal on the merits at the hear- 
ing. 

170. If, at the hearing, the plaintiff appears, but the defendant or any 
of the defendants does not appear, the Court shall, before hearing the 
suit, inquire into the service of the petition and of notice of hearing on the 
absent party or parties. 

The Court, if not satisfied respecting service on every party, shall order 
that further service be made as the Court directs, and shall adjourn the hearing 
for that purpose. 

The Court, on being satisfied respecting service on every party, may, 
if it thinks fit, proceed to hear the suit, notwithstanding the absence of the 
defendant or any of the defendants. 

171. If the Court hears the suit and makes an order against a defendant 
in his absence, the Court may afterwards, on such terms as the Court thinks 
fit, rehear the suit on proof that his absence- was excusable, and that he has a 
•defence on the merits. 


Amendments at Hearing. 

172. The Court shall, at the hearing, order all such amendments as the 
Court thinks necessary or proper for bringing to a determination in the suit 
the real questions in controversy between the parties. 

Heference of Account. 

173. Where it appears to the Court that the matter in dispute in a suit 
consists either wholly or in part of matters of mere account, the Court may, 
according to the amount of public business pending, either decide at once the 
matters of account, or order that they be referred, either wholly or in part, to 
some person agreed on by the parties, or, in case of their non-agreement, 
appointed by the Court. 

The referee shall enter into the account and hear evidence and report 
on it to the Court, according to the order, and the Court, after hearing the 
parties, may adopt the conclusions of the report, either wholly or in part, or 
may direct a further report to be made by the referee, and may grant any 
necessary adjournment for that purpose. 



Ixiv 


• Appendix Ko. II.—Turkish Ottoman Order in Council, 


Case for Supreme Court. 

174. In any Court other than the Siipeme Court any decision or 
judgment may be giveii; or verdict taken, subject to a case to be stated for 
the opinion for the Supreme Court. 

Application ly Motion, 

175. An application made by motion shall not be entertained until the 
party moving has filed in the Court a written motion-paper stating the terms 
of the order sought. 

There shall be filed with the motion-paper all affidavits on which the 
person moving intends to rely. No other evidence shall be used in support 
of the motion except by leave of the Court. 

No paper accompanying the motion-paper other than an affidavit shall 
be received. 

A motion may be made without notice in the first instance or on notice 
of motion. 

Su?nmo9ts, 

176. An application for a summons may be made in writing, or in 
person. 

If the Court thinks fit it may issue a summons ordering the person to 
whom it is directed, as respondent, to appear at the time and place specified 
therein, and stating the nature of the application to be made. 

On the return-day of the summons^ if the respondent attends, or in his 
absence, on proof of service, the Court may, on the application of the 
person obtaining the summons, consider and deal with the application in a. 
summary way. 

Orders. 

177. Where an order is made without service of notice of the applica- 
tion, an office copy of the affidavit or deposition on which the order is made 
shall be served on the person affected by the order, with the order. 

Any person affected by the order may, within seven days after service 
of it, but not later, except by leave of the Court, apply to the Court to vary 
or discharge it; and the Court, on notice to the person obtaining' the order, 
may make such order as the Court thinks just. 

178. An order to show cause shall specify a day when cause is to be 
shown, called the return-day to the order, which shall ordinarily be not less 
than four days after service. 

A person served with an order to show cause may, before the return-day, 
file affidavits in order to contradict the evidence used in obtaining the order, 
or setting forth other facts. 

On the return-day, if the persons served, do not appear, and service is 
not proved, the Court may enlarge the time and direct further service, or 
- make such other order as it thinks just. 



Appendix No. II.— Turkisk Ottoman Order in Council. 


Ixv 


If the persons served appear, or service is proved, the Court may proceed 
with the matter, and make such order as it thinks just. 

179. ’Where a person not a party to a suit obtains an order, or has an 
order made in his favour, he is entitled to enforce obedience thereto by the 
same process as if he were a party to the suit. 

A person not a party to a suit against whom obedience to an order may be 
enforced is liable to the same process for enforcing obedience thereto as if he 
was a party to the suit. 

180. All money ordered by the Court to be paid by any person shall 
be paid into Court, unless the Court otherwise directs. 

181. An order shall be drawn up in form only on the application of 
some party to the suit, and shall then be passed and be certified by the seal of 
the Court, and be entered, and shall then form part of the record. 

An order shall not be enfored or appealed from, nor shall an office copy 
of it be granted, until it is part of the record. 

An order shall be dated on the day of the delivery of the decision or 
judgment on which the order is founded. 

Any party to an application or suit is entitled to obtain an office copy of 
any order made therein. 

182. Ordinarily, an order, other than an order of the Supreme Court, 
shall not be enforced out of the particular jurisdiction. 

Where, however, the Court making" the order thinks that the urgency 
or other peculiar circumstances of the case so require, the Court (for reasons 
recorded in the minutes) may order it to be enforced out of the particular 
jurisdiction. 

183. Where an order orders a person to pay money, or do any other 
act, the same or some subsequent order shall state the precise time within 

or other ao4, is to be made or done, reckoned from the 
date or service^ the order in w'hich the time is stated, or from some other 
point of time, as 'the Court thinks St. 

The time stated may be immediately after service of the order, if the 
Court thinks fit. 

A person ordered to pay money, or do any other act, is hound to obey 
the order on being served with it, and without any demand for payment or 
performance. 

Order for Fayment of Money. 

184. The Court may, if it thinks fit, order that money ordered to be 
paid by instalments specified. 

185. Where an order orders payment of money, there shall be indorsed 
on the copy of it served on the person required to obey it, a memorandum in 
the words, or to the effect, following : — - 

If you, the within-naraed A B, neglect to obey this order by the time 
therein appointed, you will be liable to have a writ of execution 

I 


VII 



Ixvi 


Appendix No. II.—Turkish Arabia— Onlei' in Council. 


issued against yoxir goods, tinder which tliey may he seized and sold ; 
and yon will also be liable to be summoned by the Court, and to 
be examined respecting your ability to make the payment directed 
by this order, and to be imprisoned in case of your not answering 
satisfactorily on that examination. 

186. Where an order orders payment of money, and the person ordered 
to pay refuses or neglects to do so according to the order, a person entitled 
to the benefit of the order may apply to the Court for execution against the 
goods of the disobedient person. 

Thereupon the Court shall, unless it sees good reason to the contrary, 
issue an order of execution (in this Order called an execution order), ordering 
and empowering an officer of the Court, therein named, to levy the money 
ordered to be paid, by distress and sale of the goods of the disobedient 
person (in this Order called the execution debtor), wheresoever they may be 
found within the particular jurisdiction.^ 

On the order there shall be indorsed the sum of money and costs adjudg- 
ed and the farther sum to be levied for costs of the execution. 

187. Where an order orders payment of money by instalments, execu- 
tion shall not issue until after default in payment of some instalment 
according to the order ; and execution, or successive executions may then 
issue for the whole money then remaining unpaid, or for such portion thereof 
as the Court orders, either when making the original order or at any subse- 
quent time. 

188. The officer executing the order may, by virtue thereof, seize any 
of the goods of the execution debtor, except the wearing apparel and l.)ed- 
ding of himself and his family, and the tools and implements of his trade, 
to the value of 5/., all which shall to that extent be exempted from seizure. 

189. The sale of the goods seized shall^he made by order of the Court, 
and shall he conducted under the direction of the Court, and by a person 
nominated by the Court. 

But no steps shall he taken therein without the demand of the person 
obtaining the execution order (in this Order called the execution creditor), 
and the execution creditor shall be liable for any damage ensuing from any 
proceeding taken at his instance. 

The sale shall not he made until after the end of five clays at least next 
following the day of seizure, unless the goods are of a perishable nature, or 
on the request in writing of the execution debtor. 

Until sale the goods shall be deposited by the officer in some fit place, 
or they may remain in the custody of a fit person approved by the Court and 
put in possession by the officer. 

190. The Court shall not order the sale of the goods seized unless it 
is proved that they belong to the execution debtor, and are in a place where 
the Court has jurisdiction. 



Appendix No. II.— Turkisli Arabia — Ottoman Order in Council, 


Ixvii 


Where a claim is made by a third party to the goods or part thereof^ the 
same^ if made by a subject or protected person^ shall be decided by the Court 
in a summary way^ as between the claimant and the execution creditor. 

If the claim is made by an Ottoman subject or foreigner^ the Court 
may, if it thinks fit^ either oblige the execution creditor to establish his claim 
before selling the goods or sell the goods and require the execution creditor 
to defend any claim. 

191. The officer executing an execution order may^ by virtue thereof^ 
seize any money, banknotes, cheques, bills of exchange, promissory notes, 
bonds, or securities for money belonging' to the execution debtor. 

The Court shall hold the same (other than money and securities imme- 
diately convertible into money) as security for the amount directed to be 
levied,^ or so much thereof as is not otherwise levied, for the benefit of the 
execution creditor. 

The execution creditor may sue in the name of the execution debtor, or 
in the name of any person in whose name the execution debtor might have 
sued, for recovery of the money secured or made payable thereby, when the 
time for suing arrives, 

192. If before or after seizure the execution debtor, by payment into 
Court or to the officer executing the order, satisfies the execution, the order 
shall be superseded, and the goods and property seized shall be released and 
delivered up. 

Commitment of Debtor, 

193. Where an order ordering payment of money remains wholly or 
in part unsatisfied (whether an execution order has been made or not), the 
person prosecuting the order (in this Order called the judgment creditor) may 
apply to the .Court for an order, ordering the pei'son by whom payment is to 
he made (in this Order called the judgment debtor) to appear and be examined 
respecting his ability to make £lie payment; and the Court shall, unless it 
sees good reason to the contrary, make an order accordingly. 

194. On the appearance of the judgment debtor, he may be examined 
on oath by or on behalf of the judgment creditor, and by the Coiirt, respect- 
ing his ability to pay the money directed to be paid, and for discovery of 
property applicable thereto, and res|)eeting his disposal of any property. 

^He shall produce^, on oath or otherwise, all books, papers, and documents 
in his possession or power relating to any property applicable to payment. 

He may be examined respecting the circumstances under which he con- 
tracted or incurred the debt or liability, in respect of wffiich the payment of 
money is ordered to be made, and respecting the means or expectation he then 
had of paying or discharging the debt or liability. 

He shall sign his examination as taken down in writing. 

Whether the judgment debtor appears or not, the judgment creditor, 
and any witness whom the Court thinks requisite, may be examined, on oath 
or otherwise, respecting the same matters. 



Ixviii Appendix iN'o. II.— Turkish Arabia— Order in Council, 


The Court msij, if it thinks fit^, adjourn the examination from time to 
time, and require from the judgment debtor such security for his appearance 
as the Court thinks fit, and in default of his finding security, may, by order, 
commit him to the custody of an officer of the Court, there to remain until 
the adjourned hearing, unless sooner discharged. 

195. If it appears to the Court by the examination of the judgment 
debtor, or other evidence — 

(i) that the judgment debtor has then, or has had since the making of 
the order, sufficient means to pay the money directed to ha^pLaiiliy,, 
him, and he refuses or neglects to pay the same according to the 
order; or 

(ii) that, with intent to defraud his creditors, or any of them, he has 
made or suffered any gift, delivery, or transfer of any property, or 
charged, removed, or concealed any property ; or 

(iii) that the debt or liability in question has been contracted or incurred 
by him by or by reason of fraud, or false pretence, or breach of trust, 
committed by him ; or 

(iv) that forbearance thereof was obtained by him by fraud or false 
pretence; or 

(v) that the debt or liability was wilfully contracted or incurred by him 
without his having had at the same time a reasonable expectation of 
being able to pay or discharge it ; 

then and in any such case the Court may, if it thinks fit, by order, commit 
him to prison for any time not exceeding forty days. 

196. On the examination, the Court, if it thinks fit, whether it makes 
an order for commitment or not, may rescind or alter any order for the 
payment of money by instalments or otherwise, and may make any further or 
other order, either for payment of the whole amount forthwith, or by instal- 
ments, or in any other manner, as the Court thinks just. 

197. In places where there is no other place for the detention of a 
debtor in custody than the prison of the Ottoman authorities, the Court' shall 
not commit the debtor to prison if it appears that that prison is unfit, regard 
being had to the requirements of health and decency, for the confinement of 
a subject or protected person under civil process. 

198. The expenses of the judgment debtoris maintenance in prison shall 
be defrayed, in the first instance, by the judgment creditor and may be re- 
covered by him as the Court directs. 

The expenses shall be estimated by the Court, and shall be paid by the 
judgment^creditor at such times and in such manner as the Court directs. 
In default* of payment, the judgment debtor may be discharged if the Court 
thinks fit. 

199. Imprisonment of a judgment debtor under the foregoing provi- 
sions shall not operate as a satisfaction or extinguishment of the debt or 
liability to which the order relates, or protect the debtor from being anew 



Appendix "No, II. — Turkish A.vahiQ>--- O^tommi Order in CoimciL 


Ixix 


imprisoned for any new fraud or other default making him liable to be 
imprisoned;, or deprived the judgment creditor of any right to have execution 
against his goods^ as if there had not been such imprisonment. 

200. The judgment debtor^ on paying at any time the amount ordered 
to be paid^ and all costs and expenses, shall be discharged. 

Order oilier than for JPayinent of Money, 

201. Where the order is one ordering some act to be done other than 
payment of money, there shall be indorsed on the copy of it served on the 
person required to obey it, a memorandum in the words, or to the effect 
following : — 

If you, the within-named A B, neglect to obey this order within the 
time therein appointed, you will be liable to be arrested, and to have 
your property sequestered. 

202. Where the person dii'ected to do the act refuses or neglects to do 
it according to the order, the person prosecuting the order may apply to the 
Court for another order for the arrest of the disobedient person. 

Thereupon the Court shall, unless it sees good reason to the contrary, 
make an order ordering and empowering an officer of the Court therein named 
to take the body of the disobedient person, and detain him in custody until 
further order. 

He shall he liable to be detained in custody until he has obeyed the 
order in all things that are to be immediately performed, and given such 
security as the Court thinks fit to obey the order in otiier respects (if any) 
at the future times thereby appointed, or in case of his no longer having the 
power to obey the order, then until he has been imprisoned for such time, 
or until he has paid such fine as the Court thinks just. 

Sequeslratiou, 

203. In case the person against whom an order of arrest issues is not 
and cannot be found, or is taken and detained in custody without obeyiiig the 
order, then the person prosecuting the order may apply to the Court for an 
order of sequestration against his property. 

Panyer, 

204. The Court may admit a person to sue as a pauper on his poverty, 
and his having a case proper for some relief in the Court being proved; and 
may admit a person to defend as a pauper on his poverty being proved. 

The Court may, if it thinks fit, by order, assign a counsel or attorney to 
assist a person admitted to sue or defend as a pauper, and the counsel or 
attorney so assigned shall not be at liberty to refuse his assistance, unless he 
satisfies the Court of some good reason for refusing. 

If a person admitted to sue or defend as a pauper gives or agrees to giv(i 
any fee, profit., or reward for the conduct of his business in the Court, he shall 



Ixx Appendix “KTo. II.—Turkish ATabiB,— Ottoman Order in Council 


be deemed guilty of a contempt of Court, and he shall also be forthwith dis- 
paupered, and shall not be afterwards admitted again in that suit to sue or 
defend as a pauper. • 

A person admitted to sue or defend as a pauper may be dispaupered by 
order of the Court, on it being proved that he was not when admitted, or no 
longer is of sufficient poverty, or that he is abusing his privilege by vexatious 
proceedings. 


Re-hearing, 

205. The Court may, if it thinks fit, at any time, on the application of 
any party, order a re-hearing of a suit. 

The provisions of this Order respecting a hearing with a jury or with 
assessors shall extend to a re-hearing. 

VIII. — PilOCEEDINGS ON DeATH OF SUBJECT OR PROTECTED PERSON. 

1. — R'Ycliminarij, 

206. The Court shall endeavour to obtain, as early as may be, notice 
of the death of every subject or protected person dying within the particular 
jurisdiction, whether resident or not, and all such information respecting his 
affairs as may serve to guide the Court with respect to the securing and 
administration of his property. 

On receiving notice of the death, the Court shall put up a notice thereof 
at the place where its sittings are ordinarily held, and shall keep the same 
there until probate or administration is granted, or where it appears to the 
Court that probate or administration will not be applied for, or cannot be 
<rranted, for such time as the Court thinks fit. 

207. Where a subject or protected person resident dies in the Ottoman 
dominions intestate, then, until administration is granted, his personal pro- 
perty shall be vested in the Judge of the Supreme Court. 

208. Where a subject or protected person not resident dies in the Ottoman 
dominions, the Court within whose 2 :)articular jurisdiction he dies shall, where 
the circumstances of the case appear to the Court so to r(H|uire, forthwith on 
his death, or as soon after as may be, take possession of his personal property 
within the particular jurisdiction, or put it under the seal of the Court (in 
either case if the nature of the property or other circumstances so require, 
making an inventory), and so keep it until it can be dealt with according to 
law. 

209. If any person, other than the person named, executor or admin- 
istrator or an officer of the Court, takes possession of and administers or 
otherwise deals with any part of the personal property of a subject or pro- 
tected person dying in the Ottoman dominions, whether resident or not, he 
shall be deemed guilty of a contempt of Court, and shall be liable to such 
fine, not exceeding 50/., as the Court having jurisdiction over the property of 
the deceased thinks fit to impose. 



Appendix No. II.—Turkisll Ottoman Order in Council. 


Ixxi 


210. Where a subject or protected person dies in the Ottoman domi- 
nion s^, whether resident or not^ then any person having in his possession or 
under his control any paper or writing of the deceased, being or purporting 
to be testamentary, shall forthwith bring the original to the Court within 
whose particular jurisdiction the death happens, and deposit it there. 

If any person fails to do so for fourteen days after having knowledge 
of the death of the deceased, he shall be deemed guilty of a contempt of 
Court, and shall be liable to such line not exceeding as the Court thinks 
fit to impose. 

211. Wli ere it is shown to the Court that any paper of the deceased, 
being or purporting to be testamentary, is in the possession or under the 
control of a subject or protected person, the Court may, in a summary way, 
whether a suit or procieeding respecting probate or administration is pending 
or not, order him to produce the paper and bring it into Court. 

Where it appears to the Court that there are reasonable grounds for 
believing that any person has knowledge of any paper being or purporting 
to be testamentary (although it is not shown that the paper is in his posses- 
sion or under his control), the Court may, in a summary way, whether a suit 
or proceeding for probate or administration is pending or not, order that he 
be examined respecting it in open Court or on interrogatoides, and that he 
do attend for that purpose, and after examination that he do produce the 
paper and bring it into Court. 

2 . — Frohaie or Adwinisiraiiori m General. 

212. Probate or letters of administration with will annexed shall not 
issue for seven days from the death of the deceased, except under the direc- 
tion of the Supreme Court, or in case of great urgency. 

Lettei's of administration (not with will annexed) shall not issue for 
fourteen days from the death of the deceased, except under the direction of the 
Supreme Court, or in case of great urgency. 

213. If any person, named executor in the will of the deceased, takes 
possession of and administers or otherwise deals with any part of tlie personal 
property of the deceased, and does not obtain probate within one month after 
the death, or after the termination of any suit or dispute respecting pro- 
bate or administration, he shall be deemed guilty of a contempt of Court, and 
shall be liable to such fine, not exceeding 50<?., as the Court thinks fit to 
impose. 

214. The Court may, of its own motion, or on the application of any 
person claiming an interest under a will, give notice to the executors (if any) 
therein named, to come in and prove the will or to renounce probate, and they, 
or some or one of them shall, within fourteen days after notice, come in 
and prove or renounce accordingly. 

215. Where probate or administration is, for the first time, applied for 
after three years from the death of the deceased, a grant shall not be made 
except under the direction of the Supreme Court. 



Ixxii Appendix No. II — Tnrkisli Avdibm— Ottoman Order in Council 


216. Where the deceased was resident in the particular jurisdiction of a 
Court other than the Supreme Courts an application for a grant of probate or 
administration shall not be entertained bj the Supreme Courts except on 
request of that other Court. 

217. Where^ in a Court other than the Supreme Court, a djsjnjp-r'^'*'- 
question arises in relation to the grant or the application for it/ or it ap’pelu.. 
to the Court doubtful whether or not the grant should be made, the Court shall 
communicate with the Supreme Court. 

The Supreme Court shall direct the other Court to proceed in the matter 
according to such instructions as the Supreme Court thinks Jit, or shall by 
order remove the matter to the Supreme Court. 

218. A. Court, other than the Supreme Court, before proceeding on an 
application, shall ascertain that the deceased was at his death resident in the 
particular jurisdiction, and shall not for this purpose consider itself bound to 
rest satisfied with the evidence offered by the applicant. 

219. The Court shall require evidence, in addition to that offered by the 
applicant, of the identity of the deceased, or of the applicant, where addi- 
tional evidence in that behalf seems to the Court necessary or desirable. 

220. The Court shall ascertain the value of the property of the deceased 
as correctly as circumstances allow. 

221. In no case shall the Court issue probate or letter of administration 
until all inquiries which the Court sees fit to institute have been answered to 
its satisfaction. 

The Court shall, however, afford as great facility for the obtaining of 
probate or administration as is consistent with due regard to the prevention of 
error and fraud. 

222. In the following cases a grant shall not issue except from the 
Supreme Court under the immediate direction of the J udge, namely : 

probate or administration with will annexed, where the will was executed 
before the 1st of January 1838, and there is no testamentary paper of 
a date later than the 31st of December 1837, — 

probate and administration with will annexed, the will being merely an 
execution of a special power, or being the will of a married woman 
made by virtue of a power ; 

administration for the use or benefit of a minor or infant, or of a lunatic 
or person of unsound mind ; 

administration (with or without will annexed) of the property of a 
bastard dying either a bachelor or s|)inster, or a widower or widow 
without issue, or of a person dying without known relative ; 

limited administration ; 

administration to be granted to a person not resident. 

223. Revocation or alteration of a grant of probate or administration 
shall not be made except by the Supreme Court under the immediate direction 
of the Judge. 



Appendix ISTo. II.— Turkish Ottoman Order in Council. Ixxiii 


224. A notice to prohibit a grant of probate or administration may be 
filed in the Supreme or other Court. 

Immediately on such a notice being filed in the Supreme Courts a copy 
thereof shall be sent to the Court of the district (if any) in wliieh it is alleged 
the deceased was resident at his deaths and to any other Court to which it 
appears to the Supreme Court expedient to send a copy. 

Immediately on ^uch a notice being filed in a Court other than the 
Supreme Courts the Court shall send a copy thereof to the Supreme Court, 
and also to the Court of any other district in which it is known or alleged the 
deceased had at his death a place of abode. 

The notice shall remain in force three months only from the day of filing ; 
but it may be renewed from time to time. 

The notice shall not affect a grant made on the day on which the notice 
is filed, or on which a copy thereof is received, as the case may be. 

The person filing the notice shall be warned by a warning in writing, 
under the seal of the Court, delivered at the place mentioned in the notice as 
his address. 

After the notice has been filed in, or a copy thereof has been received by, 
a Court other than the Supreme Court, a grant of pi'obate or administration 
shall be made only by the Supreme Court, under the immediate direction of 
the J udge. 

225. Notices in the nature of citations shall be given by publication in 
such newspapers, or in such other manner as the Court in each case thinks 
fit. 

226. Suits respecting probate or administration shall be instituted by 
petition ; and the provisions of tins Order respecting proceedings in other suits 
instituted by petition shall extend and apply thereto. 

227. Every original will, of which probate or administration with will 
annexed is granted, shall be filed and kept in the public office of the Supreme 
or other Court from which the grant issues, in such manner as to secure at once 
the due preservation and the convenient inspection of tlie same. 

No original will shall be delivered out for any purpose without the 
direction in writing of the Judge of the Supreme Court. 

An office copy of the whole or of any part of a will, or an. official certi- 
ficate of a grant of administration, may be obtained from the Supreme or 
other Court where the will is proved, or the administration granted on 
payment of the proper fees. 

228. On the 1 st of February and the 1 st of August in every yeai’, 
every Court other than the Supreme Court shall send to the Supreme Court — ■ 

A list of the grants of probate and administration made by the Court 
up to the last preceding 1 st of January and 1 st of July respective! 3 ^, not 
included in any previous list ; 

And a copy, certified by the Court to be a correct copy of every will to 
which each probate or administration relates. 

^ ic 


VII 


Ixxiv Appendix 13*0. II.—Turkish Av^hm—OUoma7i Order in Coimcih 


3 , — Prolate or Admmidraiion with IVill annexed. 

329. On receiving an application for probate or for administration with 
will annexed^ the Court shall inspect the will and see whether it appears to 
he signed hy the testator^ or hy some other person in his presence and hy his 
direction, and to he subscribed' hy two witnesses^, according to the enactments 
relative thereto^ and shall not proceed further if the will does not appear to he 
so signed and subscribed. 

If the will appears to he so signed and suhserihedj the Court shall then 
refer to the atttestation clause (if any)^ and consider whether the wording 
thereof states the will to have heen^ in fact^ executed in accordance with 
those enactments. 

If there is no attestation clause^ or if the attestation clause is insuffieient, 
the Court shall require an affidavit from at least one of the subscribing wit- 
nesses;, if either of them is livings to prove that the will was^ in fact^ executed 
in accordance with those enactments. 

The affidavit shall be engrossed and form part of the probate^ so that the 
probate may be a complete document on the face of it. 

If^ on perusal of the affidavit^ it appears that the will "was not^ in fact, 
executed in accordance with those enactments, the Court shall refuse probate. 

If, on perusal of the affidavit, it appears to the Court doubtful whether 
or not the will was, in fact, executed in accordance with those enactments, 
the Court, if other than the Supreme Court, shall communicate with the 
Supreme Court for directions. 

If both the subscribing witnesses are dead, or if, from other circum- 
stances, such an affidavit cannot be obtained from either of tliem, resort for 
such an affidavit shall be had to other persons (if any) present at the execution 
of the will; but if no such affidavit can be obtained, proof shall bo required 
of that fact and of the handwritings of the deceased, and of the.subscril^ing 
witnesses, and also of any circumstances raising a presumption in favour of 
the due execution of the will. 

230. Where the testator was blind or illiterate, the Court sliall not 
grant probate of the will, or administration with tlie will annexed, unless the 
Court is first satisfied, by proof or by what appears on the face of the will, 
that the will was read over to the deceased before its execution, or that he had 
at that time knowledge of its contents. 

Where this information is not forthcoming, the Court, if other than the 
Supreme Court, shall communicate with the Supreme Court for directions. 

231. The Court, on being satisfied that tlic will was duly executed, 
shall carefully inspect it to see whether there are any interlineations or alter- 
ations or erasures or obliterations appearing in it, and requiring to be 
accounted for. 

Interlineations, alterations, erasures, and obliterations are invalid unless 
they existed in the will at the time of its execution, or unless, if made after- 
wards, they have been executed and attested in the mode required by the said 


Appendix ISTo. II. — Turkish Arabia — Ottoman Order in Council. 


Ixxv 


enactments^ or unless they have been made valid by the re-execution of the 
will^ or by the subsequent execution of some codicil thereto. 

Where interlineations^ alterations, erasures, or obliterations appear in the 
will (unless duly executed or recited in or otherwise identified by the attesta- 
tion clause), an affidavit, in proof of their having existed in the will before 
its execution, shall be filed. 

If no satisfactory evidence is adduced respecting the time when an 
erasure or obliteration was made, and the words erased or obliterated are not 
entirely effaced, and can, on inspection of the will, be ascertained, they shall 
form part of the probate. 

Where words have been erased which might have been of importance, an 
affidavit shall be required. 

If reasonable doubt exists in regard to any interlineation, alteration, 
erasure, or obliteration, the Court, if other than the Supreme Court, shall 
communicate with the Supreme Court for directions. 

23:2. Where a will contains a reference to any document of such a 
nature as to raise a question whether it ought or ought not to form a consti- 
tuent part of the will, the Court shall require the production of the docu- 
ment, with a view to ascertain whether or not it is entitled to probate ; and if 
it is not produced, a satisfactory account of its non-production shall be 
proved. 

A document cannot form part of a will unless it was in existence at the 
time when the will was executed. 

If there are vestiges of sealing-wax or wafers or other marks on the will, 
leading to the inference that some document has been at some time annexed 
or attached thereto, a satisfactory account of them shall be proved, or the 
production of the document shall be required ; and if it is not produced, a 
satisfactory account of its non-production shall be proved. 

If doubt exists whether or not a document is entitled to probate as a 
constituent part of a will, the Court, if other than the Supreme Court, shall 
communicate with the Supreme Court for directions. 

233. Where a person appointed executor in a will survives the testator, 
but either dies without having taken probate, or having been called on by 
the Court to take probate, does not appear, his right in respect of the 
executorship wholly ceases ; and, without further renunciation, the representa- 
tion to the testator and the administration of his property go and may be 
committed as if that person had not been appointed executor. 

234i. Every will or copy of a will to which an executor or an adminis- 
trator with will annexed is sworn shall be marked by the executor or adminis- 
trator and by the person before whom he is sworn. 

235. The Court shall take cai’e that the copies of wills to be annexed to 
probates or letters of administration are fairly and properly written, and shall 
reject any not so written. 



Isxvi Appendix iSfo. II.—Turkish Ottoman Order in Council, 


4.' — Intestacy. 

236. The Courts in graBting* letters of administration^ shall proceed^ as 
far as may be^ as in eases of probate. 

The Court shall ascertain the time and place of the deceased^s deaths and 
the value of the property to be covered by the administi'ation. 

The person to whom administration is granted shall give bond with two 
or more responsible subjects^ or protected persons^ as sureties^ to the Judge of 
the Supreme Courts to ensure to the Judge for the time beings conditioned 
for duly collectings getting in^ and administering the personal property of the 
deceased. 

Where; however^ the property is under the value of 50?.; the Court may^ 
if it thinks fit; take one surety only. 

The bond shall be in a penalty of double the amount under which the . 
personal estate of the deceased is sworU; unless the Court in any case thinks 
it expedient to reduce the amount^ for reasons to be forthwith certified to the 
Supreme Court; if the Court is other than that Court. 

The Court may also in any case direct that more bonds than one shall be 
giveii; so as to limit the liability of any surety to such amount as the Court 
thinks reasonable. 

The Judge of the Supreme Court may; on being satisfied that the condi- 
tion of the bond has been broken; assign the same to some persoU; and that 
person may thereupon sue on the bond in his own namC; as if it had been 
originally given to him instead of to the Judge; and may recover thereoii; as 
trustee for all persons interested; the full amount recoverable in respect of 
any breach of the condition of the bond. 

237. Where administration is applied for by one or some of tlie next- 
of-kin only; there being another or other next-of-kin equally entitled thereto; 
the Court shall require proof that notice of the application has been given 
to the other next-of-kin. 

6 . — Administration of Froperly, 

238. A person claiming to be a creditor or legatee; or the next-of-kin; 
or one of the iiext-ot-kin; of a deceased person; may apply for and obtain; 
without petition filed or other preliminary proceeding; a summons from the 
Court requiring the executor or administrator (as the ease may be) of the 
deceased to attend before the Court and show cause why an order for the 
administration of the property of the deceased should not be made. 

On proof of service of the summons; or on appearance of the executor or 
administrator; and on proof of all such other things (if any) as the Court 
thinks fit; the Court may; if it thinks fit; make an immediate order for tlie 
administration of the property of the deceased; and the order so made shall 
liave the force of an order to the like effect made on the hearing of a suit 
between the same parties. 

The Court shall have full discretionary power to make or r(3fuse any such 
order; or to give any special directions respecting the carriage or execution of 



Appendix No* II. — Turkish -Ottoman Order in Cotmdl. Ixxvii 


it, and in tlie case o£ applications for such an order by two or more different 
persons or classes o£ persons, to grant the same to such one or more of the 
claimants, or classes of claimants, as the Court thinks fit. 

If the Court thinks fit, the carriage of the order may subsequently be 
given to such person, and on such terms, as the Court thinks fit. 

On making such an order, or at any time afterwards, the Court may, if 
it thinks fit, make any further or other order for compelling the executor or 
administrator to bring into Court for safe custody, all or any part of the 
money, or securities, or other property of the deceased, from time to time 
coming to his hands, or otherwise for securing the safe-keeping of the property 
of the deceased, or any part thereof. 

If the extreme urgency or other peculiar circumstances of the case appear 
to the Court so to require (for reasons recorded in the minutes), the Court 
may of its own motion issue such a summons, and make such an order or such 
orders, and cause proper proceedings to be taken thereon. 

239. In a case of intestacy, where the peculiar circumstances of the 
case appear to the Court so to require (for reasons recorded in the minutes), 
the Court may, if it thinks fit, of its own motion, grant letters of adminis- 
tration to an officer of the Court. 

The officer so appointed shall act under the direction of the Court, and 
shall be indemnified thereby. 

He shall publish such notices, if any, as the Court thinks fit, in the 
Ottoman dominions, the United Kingdom, India, and elsewhere. 

The Court shall require and compel him to file in t]ie Court his accounts 
of his administration at intervals not exceeding three months. 

The accounts shall be in all cases audited by the Supreme Court, or in 
Egypt by the Court for Egypt ; for which purpose every Court other tlian 
those shall, on the first day of February and the first day of August in every 
year, send to the Supreme Court, or to the Court for Egypt, •as the case 
requires, all accounts so filed in the then last preceding half year. 

IX. — Appeal to Supreme Court. 

I. — General Provisions. 

240. Where in a civil suit or proceeding a decision of a Court other 
than the Supreme Court, sitting with or without assessors — 

(i) is given in respect of a sum of 601. or upwards; or 

(ii) determines, directly or indirectly, a claim or question respecting 
money, goods, or other property or any civil right or other matter 
of the amount or viilue of 601. or upwards : 

any party aggrieved by the decision may apply to the Court (in this Order 
referred to as the Court below) for leave to appeal to the Supreme Court. 

The applicant shall give security to the satisfaction of the Court below to 
an amount not exceeding 100/. for prosecution of the appeal, and for payment 
of all such costs as may be awarded to any respondent by the Supreme Court. 



Ixxviii Appendix INTo. II. — Turkish Arabia — Ottoman Order in Council. 


He shall also pay into the Court below a sum estimated by that Court 
to be the amount of the expense of the maldng-up and transmission to the 
Supreme Court of the record. 

If security and payment are so given and made witliin fourteen days 
after application made^ then and not otherwise the Court below shall (subject 
to the provisions of this Order) give leave to appeal. 

In any other case the Court below may^ if that Court thinks fit^ give 
leave to appeal on like terms. 

In any case the Supreme Court may give leave to appeal on such terms as 
that Court thinks just, 

241. After six months from the date of an order^ application for leave 
to appeal against it shall not be entertained by the Court below. 

After twelve months from the date of an order^ application for leave to 
appeal against it shall not be entertained by the Supreme Court. 

242. Where leave to appeal is applied for by a person ordered to pay 
money; or do any other act; the Court below shall direct either that the deci- 
sion to be appealed from be carried into execution, or that the execution 
thereof be suspended pending the appeal; as that Court thinks just. 

If the Court directs the decision to be carried into execution; the persoix 
in whose favour it is given shall, before the execution of it, give security to 
the satisfaction of the Court for performance of such order as shall be made 
on appeal. 

If the Court directs the execution of the decision to be suspended, the 
person against whom it is given shall, before an order or suspension is made, 
give security to the satisfaction of the Court for performance of such order as 
shall be made on appeal. 

243. An appeal shall not lie from an order made without notice. 

If any person thinks himself aggrieved by an order so made, he may 
apply to the Court below to vary or discharge it, and an appeal lies from the 
decision on that application. 

244. An appeal from an order made at the hearing of a suit shall be 
made by petition. 

Other appeals shall be made by motion. 


2. — ApimALs BY Petition, 

245. In case of an appeal by petition, the appellant shall file his peti- 
tion of appeal in the Court below within fourteen days after leave to appeal 
is given. 

246. The petition shall contain an exposition of the appellant's case - 
as supported by evidence already before the Court and by the record as it 
stands. 

It shall set forth the grounds of appeal and the particulars in winch 
the order appealed from is considered by the appellant to be erroneous or 



Appendix No. II.—Turkish. Ax^ihhx— Ottoman Order in Council. Ixxix 


defective^ and shall pray that the order may be reserved or varied^ and that 
the Supreme Court may make the particular order to which^ on the record 
and evidence as it stands^ the appellant conceives himself entitled^ or such 
other order as the Court shall think just. 

It may contain any matter by way of argument in support of the appeal. 

* The petition of appeal shall be served on such persons as respondents 
as the Court below directs. 

24.J. A respondent may^ within fourteen days after service^ file in the 
Court below an answer to the petition. 

The answer shall contain an exposition of his case as supported by the 
evidence already before the Courts and by the record as it stands. 

It may contain any matter by way of argument against the appeal. 

Copies of the answer shall be furnished by the Court below to such 
persons as the Court thinks fit. 

248. An objection to an appeal as being out of time, or on any ground 
other than on the merits, shall be substantially raised by the party desiring 
to rely thereon in and by his answer. 

Where an answer is not filed, or such an objection is not raised in the 
answer, no such objection shall be admitted at the hearing of the appeal. 

But the absence of an answer shall not preclude an^ person interested 
in supporting the order from supporting it on the merits at the hearing of 
the appeal. 

249. On the expiration of the time for answering, the Court below 

shall, without receiving any further pleading in appeal, and without the 
application of any party, make up the record of appeal, wdiich shall consist 
of the petition, answer, orders, and proceedings, a certified copy of all 
written and documentary evidence admitted or tendered, and the notes of the 
oral evidence, the petition of appeal, and the answer. ^ 

The several pieces shall be fastened together, consecutively numbered, 
and the whole shall be secured by the seal of the Court below, and be forth- 
with forwarded by that Court to the Supreme Court. 

The Court below shall not, except for some special cause, take on itself 
the responsibility of the charge or of the transmission to the Supreme Court 
of original letters or documents produced in evidence. They shall be returned 
to the parties producing them, and they shall produce the originals if required 
by the Supreme Court, at or before the hearing of the appeal. 

250. After the record of appeal is transmitted, until the appeal is 
disposed of, the Supreme Court shall be in possession of the whole suit as 
between the parties to the appeal. 

Every application in the suit shall be made to the Supreme Court, and 
not to the Court below, but any application may be made through the Court 
below. 

251. The Supreme Court shall, after receiving the record of appeal, 
fix a day for the hearing thereof, and shall give notice thereof through the 



Ixxx Appendix "No, II. — Turkisll Arabia — Ottoman Order in Council, 


Court below to the parties to the appeal^ sucb a day being fixed as will allow 
of the parties attending in person or by counsel or attorney^ if they so desire. 

But if all the several parties to an appeal appear in person at Constanti- 
nople or appoint persons there to represent them as their counsel or attorneys 
in the appeal and cause the appearance or appointment to be notified to the 
Supreme Courts the Court shall dispose of the appeal^ without giving notice 
through the Court below of the day fixed for the hearing thereof. 

25*2. The Supreme Court may^ if it thinks fit, require a party to an 
appeal to appear personally before it on the hearing of the appeal, or on any 
occasion pending the appeal. 

253. It is not open, as of right, to a party to an appeal to adduce new 
evidence in support of his original case, but a party may allege any facts 
essential to the issue that have come to his knowledge after the decision of 
the Court below, and may adduce evidence in support of his allegations. 

The Supreme Court may, if it thinks fit, allow or require new evidence 
to be adduced. . 

254i. The Supreme Court may, from time to time, make any order 
necessary for determining the real question in controversy in the appeal, and 
for that purpose may, as among the parties to the appeal, amend any defect 
or error in the record of appeal. 

The Supreme Court may direct the Court below to inquire into and 
certify its finding on any question as among those parties, or any of them, 
which the Supreme Court thinks fit to determine before final judgment in 
the appeal. 

Generally, the Supreme Court shall, as among the parties to the appeal, 
have as full jurisdiction over the whole suit as if had been originally insti- 
tuted and prosecuted in the Supreme Court by parties subject to the ordinary 
original jurisdiction of the Supreme Court, and may re-hcar the whole case, 
or may remit it to the Court below to be re-heard, or to be otherwise dealt 
with as the Supreine Court directs. 

255. On appeal from a Court where trial with a jury can be liad, if 
the Supreme Court thinks fit to direct a re-hearing, it may direct that the 
re-hearing shall be with a jury, 

3. — Appeals by Motion. 

^ 256, In^ case of an appeal by motion the a})pellant shall file his appeal 
motion-paper in the Court below within seven days after leave to appeal is 
given. 

He may at the same time file any argument which he desires to submit 
to the Supreme Court in support of the appeal. 

The motion-paper and the argument (if any) shall be served on such 
persons as respondents as the Court below directs. 

A respondent may, within seven days after service, file in the Court 
below such argument as he desires to submit to the Supreme Court a<niinst 
the appeal. ^ 



Appendix Ho. II.— Turkish Axdihm— Ottoman Order in Cotmcih 


Ixxxi 


Copies thereof shall be furnished by the Court below to such persons 
as the Court tbinlrs fit. 

On the expiration of the time for the respondent filing his argument^ 
the Court below shall make up the record of' appeal as nearly as may be as 
on an appeal by petition. 

Where a party to the appeal notifies to the Supreme Court his desire to 
attend in person^ or by counsel or attorney^ when the motion is being disposed 
he shall be at liberty to do so^ and the Court shall hear him^ or his counsel 
or attorney^ before disposing of the motion. 

X. — Appeal peom Supreme Court to Her Majesty in Council. 

257. Where in a civil suit or proceeding a final order of the Supreme 
Court_, or a rule or order of that Court having the effect of a final or defini- 
tive judgment^ decree, or sentence — 

(i) is made or given in respect of a sum of 500<^. or upwards; or 

(ii) determine, directly or indirectly, a claim or question respecting money, 

goods, or other property, or any civil right or other matter at issue, 
of the amount or value of 500^. or upwards; 

any party nggrieved thereby may, within fifteen days after the same is made 
or given, apply by motion to the Supreme Court for leave to appeal to Her 
Majesty the Queen in Council. 

The applicant shall give security to the satisfaction of the Court to an 
amount not exceeding 500l for prosecution of the appeal, and for payment of 
all such costs as may be awarded to any respondent by Her Majesty in 
Council, or by the Lords of the Judicial Committee of Her Majesty^s Privy 
Council. 

tie shall also pay into the Supreme Court a sum estimated by that Court 
to be the amount of the expense of the making-up and transmission to 
England of the transcript of the record. 

If security and payment are so given and made within one montli from 
the filing of the motion-paper for leave to appeal, then, and not otherwise, 
the Supreme Court shall give leave to appeal, and the appellant shall be at 
liberty to prefer and prosecute his appeal to Her Majesty in Council according 
to the rules for the time being in force respecting appeals to Her Majesty in 
Council from Her Colonies, or such other rules as Her Majesty in Council from 
time to time thinks fit to make concerning appeals from the Supreme Court. 

In any case the Supreme Court, if it considers it just or expedient to do 
so, may give leave to appeal on the terms and in the manner aforesaid. 

258, Where leave to appeal is applied for by a person ordered to pay 
money or do any other act, the Supreme Court shall direct either that the 
order appealed ih’om be carried into execution, or that the execution thereof be 
suspended pending the appeal, as the Court thinks just. 

If the Court directs the order to be carried into execution, the person in 
whose favor it is made shall, before the execution of it, give security to the 
vir 


L 



Ixxxii Appendix No. II.—Turkish AY2^yi2^>—OUoma^l Order in Council. 


satisfaction of the Court for performance of such order as "Her Majesty in 
Council may think fit to make. 

If the Court directs the execution of the order to be suspended, the party 
against whom it is given shall, before an order for saspension is made, give 
security to the satisfaction of the Court for performance of such order as Her 
Majesty in Council may think fit to make. 

259. This Order shall not affect the right of Her Majesty at any time, 
on the humble petition of a person aggrieved by a decision of the Supreine 
Court, to admit his appeal thereon on such terms and in such manner as Her 
Majesty in Council may think fit, and to deal with the decision appealed from 
in such manner as may be just. 

XI.-“CniMiNAL Authority and Procedure. 

1. — General Provisions. 

260. Except as regards offences against the Capitulations, Articles of 
Peace, and Treaties between Her Majesty the Queen and the Sublime Otto- 
man Porte, or against any Rules and Regulations for the observance thereof 
or for the maintenance of order among Her Majesty^s subjects and protected 
persons in the Ottoman dominions made by or under the authority of Her 
Majesty, or against any of the provisions of this order, — 

Any act done by a subject or protected person in the Ottoman dominions 
or on board a British vessel within those dominions, that would not by a 
Court of justice having criminal jurisdiction in England be deemed a crime 
or offence making the person doing the act amenable to punishment in 
England, shall not, in' the exercise of criminal jurisdiction under this Order, 
be deemed a crime or offence making the person doing the act amenable to 
punishment. 

261. If a subject or protected person is guilty — 

(i) of publicly deriding, mocking, or insulting any religion established or 

observed within the Ottoman dominions; or 

(ii) of publicly offering insult to any religions service, feast, or ceremony 

established or kept in any part of those dominions, or to any place 
of worship, tomb, or sanctuary belonging to any religion established 
or observed within those dominions, or belonging to the ministers or 
professors thereof; or 

(iii) of publicly and wilfully committing any act tending to bring any 

religion established or observed within those dominions, or its cere- 
monies, mode of worship, or observances, into hatred, ridicule, or 
contempt, and thereby to provoke a breach of the public peace : 
he shah be deemed guilty of an offence against this Order, and shall for every 
such offence be liable, in the discretion of the Court, to imprisonment for not 
more than two years, with or without hard labour, and with or without a fine 
of not more than lOOi?., or to a fine of not more than 100^. alone. 



Appendix No. II.— Turkish. Ottoman Order in Council. Ixxxiii 


Notwithstanding* anything in this Order, every charge against a subject 
or protected person of having committed an offence under this provision shall 
be heard and determined by summaiy trial; and any Provincial Court held 
before a commissioned Consular officer shall have power to impose the punish- 
ment aforesaid. 

Consular officers shall take such precautionary measures as seem to them 
proper and expedient for the prevention of such offences. 

262. Every Court shall have authority to cause to be apprehended and 
brought before it any subject or protected pDerson being within the district of 
the Court and charged with having committed a crime or offence within the 
Ottoman dominions, or on board a British vessel being at the time of the 
commission thereof within those dominions, and to deal with the accused 
according to the jurisdiction of the Court, and in conformity with the provi- 
sions of this Order; or where the crime or offence is triable and is to be tried 
in England, to take the preliminary examination, and to commit the accused 
for trial, and cause or allow him to be taken to England. 

263. Where a person charged with a crime or offence escapes or removes 
from the Consular district within which the crime or offence was committed 
and is found within another Consular district, the Court within whose district 
he is found may proceed in the ease to examination, trial on indictment, and 
punishment, or to summary trial (as the case may require) , in like manner as 
if the crime or offence had been committed in its own district ; or may on the 
requisition or with the consent of the Court within whose district the crime 
or offence was committed, send him in custody to that Court, or require him 
to give security for his surrender to that Court, there to answer the charge 
and to be dealt with according to law. 

Where any person is to be so sent in custody, a warrant shall be issued 
by the Court within whose district he is found, and that warrant shall be 
sufficient authority to any person to whom it is directed to receive and detain 
the person therein named, and to carry him to and deliver him up to the 
Court within whose district the crime or offence was committed, according 
to the warrant. 

264. Where a warrant or order of arrest is issued by a competent 
authority in Malta for the apprehension of a subject, a native of Malta, or of 
any of its dependencies, who is accused of having committed a crime or offence 
within the jurisdiction of the authority issuing the warrant or order, and who 
is, or is supposed to be, in the Ottoman dominions, and the warrant or order 
is produced to the Court, the Court may back the warrant or order, and the 
same, when so backed, shall be sufficient authority to any person to whom it 
was originally directed, and also to any constable or any other officer of the 
Court by which it is backed, to apprehend the accused at any place in the 
Ottoman dominions where the Court backing the warrant or order has juris- 
diction, and to carry him to and deliver him up at Malta, according to the 
warrant or order. 

265. Where a subject is charged with the commission of a crime or 
offence, the cognizance whereof appertains to the Court, and it is expedient 



Ixxxiv Appendix No. II.— Turkish Arabia— 0«o»ja» Order in Cowicil. 


that the crime or offence be inquired of, tried, determined, and punished witlun 
Her Majesty’s dominions elsewhere than in England, the accused may (under 
the Foreign Jurisdiction Act, Section 4) be sent for trial, as follows, namely, 
with respect to native Indian subjects, to Bombay, and with respect to other 
subjects^, to Malta. 

The Judge of the Supreme Court or the Court for Egypt may, where it 
appears so expedient, by warrant under his hand and the seal o£ that Court, 
cause the accused to be sent for trial to Bombay or to Malta (as the case 
may require) accordingly. 

The warrant shall be sufficient authority to any person to whom it is 
directed to receive and detain the person therein named^ and to carry him to 
and deliver him up to Bombay or to Malta (as the case may be) according to 
the warrant. 

Where any person is to be so sent to Bombay or to Malta^ the Court 
before which he is charged shall take the preliminary examination^ and shall 
bind over such of the proper witnesses as are subjects or protected persons in 
their own recognizances to appear and give evidence on the trial. 

2. — Supreme Court, and Court tor Eoypt. 

266. All crimes which in England are capital, tried elsewhere than in 
Egypt, shall, subject to the provisions of this Order, be tried by the Judge of 
the Supreme Court with a jury, or, where, iu the opinion of the J udge, a jury 
cannot be obtained, with an Assessor or Assessors. 

Other crimes and offences above the degree of misdemeanour, tried before 
the Supreme Court, and not heard and determined by summary trial, shall, 
subject to tbe provisions of this Order, be tried with a jury, or, where, in 
the opinion of the Judge, a jury cannot be obtained with an Assessor or 
Assessors. 

A crime or offence tried before the -Supreme Court may be tried with a 
jury, or, where, in the opinion of the Judge, a jury cannot be obtained, with 
an xissessor or Assessors, if the Judge or Assistant Judge so directs. 

Subject to tbe foregoing provisions, such classes of criminal cases being 
within the original jurisdiction (ordinary or concurrent) of the Supreme Court 
and tried before that Court as the Judge, having regard to the law and practice 
existing in England, from time to time directs, shall be heard and determined 
by summary trial. 

The Assistant Judge of the Supreme Court shall hear and determine by 
summary trial such criminal charges as may under this Order be properly so 
heard and determined, and as are from time to time referred to him by the 
J udge. 

267. All crimes which in England are capital, tried in Egypt, shall, 
subject to the provisions of this Order, be tried by the Judge ol: the Court 
for Egypt with a jury, or, where, in the opinion of the Judge, a jury cannot 
be obtained, with an Assessor or Assessors. 



Appendix No, II,— Turkish AXdilQidu^ Ottoman Order in Council. Ixxxv 


Other crimes and offences above the decree of misdemeanour,, tried before 
the Court for Egypt, and not heard and determined by summary trial, shall, 
subject to the provisions of this Order, be tried with a jury, or, where, in the 
opinion of the Judge, a jury cannot be obtained, with an Assessor or 
Assessors. 

A crime or offence tried before that Court may be tried with a jury, or, 
where, in the opinion of the Judge, a jury cannot be obtained, with an 
Assessor or Assessors, if the Judge so directs. 

Subject to the foregoing provisions, such classes of criminal eases being 
within the original jurisdiction (ordinary or concurrent) of the Court for 
Egypt, and tried before that Court, as the Supreme Court, with the advice 
and assistance of the Court for Egypt, having regard to the law and practice 
existing in England, from time to time directs, shall be heard and determined 
by summary trial. 

The Law Secretary of the Court for Egypt shall hear and determine by 
summary trial such criminal charges as may under this Order be properly so 
heard and determined, and as are from time to time referred to him by the 
Judge of the Court for Egypt. 

268. The Supreme Court, and the Court for Egypt, may impose the 
punishment of imprisonment for not more than twenty -years, with or without 
hard labor, and with or without a fine of not more than 500^., or the punish- 
ment of a fine alone of not more than 500<^. 

269. When .an accused person is convicted of murder, the proper officer 
of the Court, under the direction of the Judge, shall, in open Court, require 
the offender to state if he has anything to say why judgment of death should 
not be recorded against him. 

If the offender does not allege anything that would be sufficient in law 
to prevent judgment of death if the offence and trial had been committed 
and had in England, the Judg’e may order that judgment of death be entered 
on record. 

Thereupon the proper officer shall enter judgment of death on record 
against the offender, as if judgment of death Jiad been actually pronounced 
on him in open Court by the Judge. 

Where the case is tried in Egypt, the Judge shall forthwith send a report 
of the judgment, with a copy of the minutes and of the notes of evidence 
and any observations which he thinks fit to make, to the Supreme Court. 
The Supreme Court shall send the same to the Secretary of State, for his 
direction respecting the punishment to be actually imposed. 

Where the case is tried elsewhere than in Egypt, the Judge of the 
Supreme Court shall, in like manner, report the case to the Secretary of State 
for his direction. 

The punishment actually imposed shall not in any case exceed the measure 
of imprisonment and fine which the Supreme Court and the Court for Egypt 
are empowered by this Order to im^^ose. 



Ixxxvi Appendix ISTo. II,— Turkish Ottoman Order in Cowidh 


3. — Provincial Court at Tunis. 

^70. The Supreme Court may^ from time to time/ by deputation in 
writing under the hand of the Judge and the seal of the Court, authorize the 
Consul-General at Tunis — 

(i) to exercise there such criminal jurisdiction vested in the Supreme 

Court, as is described in the deputation ; and 

(ii) to refer, from time to time, to the Vice-Consul at Tunis such crimi- 

nal charges as are described in the deputation ; 
and all such jurisdiction as aforesaid may be exercised, and all criminal chax’ges 
referred in pursuance of the deputation shall be so heard and determined, 
accordingly. 

A deputation shall not have effect until it has been approved in writing 
by the Secretary of State, and may at any time be revoked by the Secretary 
of State, by writing under his hand, or by the Supreme Court, by writing 
under the hand of the Judge and the seal of the Court. 

In the absence of any such deputation, and as far as the same does not 
extend, the Consul-General at Tunis shall have the same jurisdiction in cri- 
minal matters as he would have had ii this provision had not been inserted in 
this Order. 

4. — Provincial Courts, generally. 

271. Where the crime or offence with which a person is charged before 
a Provincial Court, held before a commissioned Consular officer, is any crime 
or offence other than assault endangering life, cutting, maiming, arson, or 
housebreaking, and appears to the Court to be such that, if proved, it would 
be adequately punished by imprisonment, with or without hard labour, for nut 
more than three months, or by a fine of not more than 2(J/., the Court shall 
hear and determine the case by summary trial and without Assessoi’s. 

In other cases the Court shall hear and determine the case on indictment 
and with Assessors. 

The Court may impose the punishment of imprisonment for not more 
than twelve months, with or without hard labour, and with or witlumt a line 
of not more than 50/., oj the punishment of a* fine alone of not more 
than 50/. 

272. A Provincial Court, held before an uncommissioned Consular oflicer, 
shall have authority to impose the punishment only of a line of not more than 
five pounds. 

The Court shall hear and determine each case hy summary trial. 

The conviction may be enforced by execution on the goods of the party 
ordered to pay the fine, and not otherwise. 

In any case pending, the Superintending Consul may, on application of 
either party, order that the case be sent to him, to be heard and determined 
by him, or that it be transmitted to the Supreme Court, or in Egypt to the 
Court for Egypt, to be there heard and determined ; and the ease shall be so 
heard and determined accordingly. 



Appendix 'No. II,— Tai'kish ArSihiB,-- Ottoman Order in Council. Ixxxvii 


Within seven days after deciding any case,, tho Consular OflScer shall 
report the same to his Superintending Consul^, and transmit therewith a copy 
of all the proceedings. 

273. Where the crime or offence with which an accused person is charged 
before the Provincial Court appears to the Court to be such that,, if proved, it 
would not be adequately punished by such punishment as the Court has power 
to impose, and the accused is not to be sent for trial to England, Bombay, or 
Malta, the Court shall reserve the case — in Egypt, to be heard and determined 
by or under the direction of the Court for Egypt — and elsewhere to be heard 
and determined by or under the direction of the Supreme Court. 

The Court shall take the depositions, and forthwith send them, with a 
minute of other evidence, if any, and a report on the case, to the Court for 
Egypt, or the Supreme Court as the case may be. 

The Court for Egypt or the Supreme Court, as the case may be, sliall 
direct in what mode and where, consistently with the provisions of this Order, 
the case shall be heard and determined, and the same shall be so heard and 
de ter m i n ed acc ordi n gly . 


5. — Preliminary Procedure. 

Summons or Warrant. 

274. In every case, whether the charge is or is not such as must or may 
be heard and determined by summary trial, the Court shall proceed, if the 
accused is not already in custody, either by way of summons to him, or by 
way of warrant for his apprehension in the first instance, according to the 
nature and circumstances of the case. 

For the issuing of a summons the charge need not be put in writing or 
to be sworn to unless the Court so directs. 

The person effecting service shall attend at the time and place mentioned 
in the summons to prove service. 

Notwithstanding the issuing of a summons, a warrant may be issued at 
any time before or after the time appointed in the summons for the appear- 
ance of the accused. 

A warrant shall not be issued, in the first instance, unless the charge is 
in writing on the oath of the person laying the charge, or of some witness. 

If a person summoned does not obey tbe summons the Court may (after 
proof of the service of the summons) issue a warrant for his apprehension. 

A warrant need not be made returnable at any particular time, but may 
remain in force until executed. 

It may be executed by the apprehension of the accused at any place 
within the particular jurisdiction, and in ease of fresh pursuit it may be exe- 
cuted at any place in another Consular district, without application to the 
Court for that district. 



Appendix 'No, II.— Turkish Avsibiei—Ottcmau Order in Council, Ixxxix 


6. — Summary Trial. 

279. The following’ provisions, under the head of Snmmnry Trial, apply 
exclusively to eases where the charge is heard and determined by summary 
trial. 

280. Where the accused comes before the Court on summons, or warrant, 
or otherwise, either originally or on adjournment, then, if the prosecutor, 
having had notice of the time and place appointed for the hearing or adjourned 
hearing of the charge, does not appear, the court shall dismiss the charge, 
unless for some reason, recorded in the minutes, it thinks fit to adjourn 
or further adjourn the hearing. 

If both parties appear the Court shall proceed to hear and finally deter- 
mine the chai'ge. 

281. The room or place in which the Court sits to hear and determine 
the charge is an open and public Court, and the public generally may have 
access thereto as far as it can conveniently contain them. 

282. The substance of the charge shall be stated to the accused, and he 
shall be asked if he admits or denies the truth of the charge. 

If he admits the truth of the charge, the Court may convict him 
thereof. 

If he denies the truth of the charge, the Court shall proceed to hear the 
prosecutor and his witnesses and other evidence. 

At the close of the prosecutor^s evidence, if it appear to the Court that 
the case is made out against the accused sufEeiently to require him to make a 
defence, the Court shall ask him if he wishes to say anything in answer to 
the charge, or has any witnesses to examine or other evidence to adduce in his 
defence ; and the Court shall then hear the accused and his witnesses, and 
other evidence, if any. 

283. The prosecutor shall be at liberty to conduct the charge, and to 
have witnesses examined and cross-examined by counsel or attorney on his 
behalf. 

284. The accused shall be at liberty to make his full answer and defence 
to the charge, and to have witnesses examined and cross-examined by counsel 
or attorney on his behalf, and if he does not employ counsel or attorney, the 
Court shall, at the close of the examination of each witness for the prosecution, 
ask the accused whether he wishes to put any questions to that witness. 

If he puts any question to a witness, that witness may be re-examined 
by or on behalf of the prosecutor. 

285. If the accused adduces in his defence any evidence other than 
evidence to character, the prosecutor may, if the Court thinks fit, adduce 
evidence in reply. 

But the prosecutor shall not in any case be allowed to make any 
observations by way of reply to the evidence adduced by the accused, nor 
shall the accused in any case be allowed to make any observations on evidence 
adduced by the prosecutor in reply. 

VII ’ M 



xc 


Appendix ISTo. II.—Turkisll Arabia— Order, in Council. 


286. A variance between tlie charge and the evidence adduced in sup- 
port of it with respect to the time at which the alleged crime or offence was 
committed shall not be deemed material^ if it is proved that the charge was in 
fact made within the time (if any) limited by law for the making thereof. 

But if any variance between the charge and the evidence appears to the 
Court to be such that the accused has been thereby deceived or misled^ the 
Court may adjourn the hearing. 

287. At any time before or during the hearing of the charge the Court 
may^ if it thinks fit_, for reasons recorded in the minutes^ adjourn the 
hearing. 

An adjournment ordered for any cause shall be made to a certain time 
and place, appointed and stated at the time of adjournment in the presence 
and hearing of the parties or their respective counsel or attorneys. 

During an adjournment the Court may^ in its discretion, according to 
the nature and circumstances of each case, either suffer the accused to go 
at large or commit him by warrant to such prison or other place of security, 
or to such other safe custody, as the Court thinks fit, or may discharge him 
on his entering into a recognisance, with or without a surety or sureties, at 
the discretion of the Court, for his appearance at the time and place of ad- 
journment. 

If at any time and place of adjournment of a trial which has once 
begun, the accused does not appear, the Court may, if it thinks fit, proceed 
with the further hearing as if he was present. 

288. The Court having heard what each party has to say as aforesaid, 
and the witnesses, and the evidence adduced, shall consider the whole matter 
and finally determine the same, and shall either convict the accused or dismiss 
the charge. 

In case of conviction, an order of conviction shall be drawn up in form 
and shall be preserved among the records of the Court. 

In case of dismissal, the Court shall, on the application of the accused 
make an order of dismissal, an office copy whereof shall, on being produced, 
without further proof, be a bar to any subsequent charge against him for tlic 
same matter. 

289. Where the Court orders money to be paid by a person convicted, 
or by a prosecutor, for penalty, compensation expenses, or otherwise, the money 
may be levied on the goods of the person ordered to pay the same, by distress 
and sale under warrant. 

That person may pay or tender to the officer having the cxeerition of the 
warrant, the sum therein mentioned, with the amount of the expenses of the 
distress up to the time of payment or tender, and thereupon the ofileer shall 
cease to execute the same. 

290. If the officer having the execution of the warrant returns that he 
could find no goods, or no sufficient goods wliereon to levy the money men- 
tioned in the warrant with expenses, the Court may by warrant commit the 
person ordered to pay to prison for a time specified in the warrant, unless the 



xci 


Appendix ISTo. II. — Turkish. AxObbidb—Oltoman Order in Council. 


money; and all expenses of the distress^ commitment; and conveyance to 
prison; to be specified in the warrant; are sooner paid. 

Where it is proved that distress and sale of goods will be ruinous to the 
person ordered to pay the money and his family or (by his confession or other- 
wise) that he has no goods whereon a distress may be levied; then the Court; 
if it thinks fit; may; instead of issuing a warrant of distress; commit him to 
prison; with or without hard labour; for a time specified in the warrant, unless 
the money, and all expenses of the commitment and conveyance to prison, 
to be specified in the w^arrant, are sooner paid. 

The person committed may pay the sum mentioned in the warrant, with 
the amount of expenses therein mentioned (if any) to the person in whose 
custody he is, and that person shall thereupon discharge him, if he is in 
custody for no other matter. 

The commitment; in ease of a Provincial Court held before an un-com- 
missioued Consular Officer, shall not be for more than fourteen days, and in 
any other case shall not be for more than two months. 

291. Where a conviction does not order the payment of money, but 
orders that the offender be imprisoned, the Court shall issue a warrant of 
commitment accordingly. 


7. — Trial on Indictment. 

292. The following provisions, under the head of Trial on Indictment, 
apply exclusively to cases where the charge is not heard and determined by 
summary trial. 

293. Where the accused comes before the Court on summons or warrant, 
or otherwise the Court shall, in bis presence, take the statements on oath 
of those who know the facts and circumstances of the case, and put them in 
writing (called the depositions). 

The accused may put questions to each witness produced against him 
and the witness’s answer thereto shall be part of his deposition. 

The deposition of each witness shall be read over to the witness, and shall 
be signed by him. 

294. No objection to a charge, summons, or warrant, for defect in 
substance or in form, or for variance between it and the evidence for the 
prosecution, . shall be alio wed ; but if a variance appears to the Court to be 
such that the accused has been thereby deceived or misled, the Court may on 
his application adjourn the examination. 

295. The Court may by warrant from time to time, if it thinks fit on 
account of the absence of witnesses or for any other reason (recorded in the 
minutes) remand the accused for a reasonable time, not exceeding eight days, 
to some prison or other place of security. 

Or if the remand is for not more than three days the Court may, by 
word of mouth, order the officer or person in whose custody the accused is, or 
any other fit officer or person, to continue or keep the accused in the custody, 



xc 


Appendix IsTo. II.— Turkish Arabia— Order, in Council. 


£86. A variance between the charge and the evidence adduced in sup- 
port of it with respect to the time at which the alleged crime or offence was 
committed shall not be deemed material, if it is proved that the charge was in 
fact made within the time (if any) limited by law for the making thereof. 

But if any variance between the charge and the evidence appears to the 
Court to be such that the accused has been thereby deceived or misled, the 
Court may adjourn the hearing. 

£87. At any time before or during the hearing of the charge the Court 
may, if it thinks fit, for reasons recorded in the minutes, adjourn the 
hearing. 

An adjournment ordered for any cause shall bo made to a certain time 
and place, appointed and stated at the time of adjournment in the presence 
and hearing of the parties or their respective counsel or attorneys. 

During an adjournment the Court may, in its discretion, according to 
the nature and circumstances of each case, either suffer the accused to go 
at large or commit him by warrant to such prison or other place of security, 
or to such other safe custody, as the Court thinks lit, or may discharge him 
on his entering into a recognisance, with or without a surety or sureties, at 
the discretion of the Court, for his appearance at the time and place of ad- 
journment. 

If at any time and place of adjournment of a trial which has once 
begun, the accused does not appear, tlie Court may, if it thinks fit, proceed 
with the further hearing as if he was present. 

£88. The Court having heard what each party has to say as aforesaid, 
and the witnesses, and the evidence adduced, shall consider the whole matter 
and finally determine the same, and shall cither convict the accused or dismiss 
the charge. 

In case of conviction, an order of conviction shall be drawn up in form 
and shall be preserved among tlie records of the Court. 

In case of dismissal, the Court shall, on the application of the accused 
make an order of dismissal, an office copy whereof shall, on being produced, 
without further proof, be a bar to any subsecpient charge against him for the 
same matter. 

£89. Where the Court orders money to be paid by a person convicted, 
or by a prosecutor, for penalty, compensation expenses, or otherwise, the money 
may he levied on the goods of the person ordered to pay the same, l)y distress 
and sale under warrant. 

That person may pay or tender to the officer having the exe(H‘ition of the 
warrant- the sum therein mentioned, with the amount of the expenses of the 
distress up to the time of payment or tender, and thereupon the officer shall 
cease to execute the same. 

£90. If the officer having the execution of the warrant returns that he 
could find no goods, or no sufficient goods whereon to levy the money men- 
tioned in the warrant with expenses, the Court may by warrant commit the 
person ordered to pay to prison for a time specified in the warrant, unless the 



Appendix I^’o. II. — Turkish AxoibiSb—Ottomaii Order in Council. xei 


money^ and all expenses o£ the distress, commitment, and conveyance to 
prison, to be specified in tbe warrant, are sooner paid. 

Where it is proved that distress and sale of goods will be ruinous to the 
person ordered to pay the money and his family or (by his confession or other- 
wise) that he has no goods whereon a distress may be levied, then the Court, 
if it thinks fit, may, instead of issuing a warrant of distress, commit him to 
prison, with oi without hard labour, for a time specified in the warrant, unless 
the money, and all expenses of the commitment and conveyance to prison, 
to be specified in the w^arrant, are sooner paid. 

The person committed may pay the sum mentioned in the warrant, with 
the amount of expenses therein mentioned (if any) to the person in whose 
custody he is, and that person shall thereupon discharge him, if he is in 
custody for no other matter. 

The commitment, in case of a Provincial Court held before an mi-com- 
missioned Consular Officer, shall not be for more than fourteen days, and in 
any other case shall not be for more than two months. 

291. Where a conviction does not order the payment of money, but 
orders that the offender be imprisoned, the Court shall issue a warrant of 
commitment accordingly. 


7. — Trial on Indictment. 

292. The following provisions, under the head of Trial on Indictment, 
apply exclusively to cases where the charge is not heard and determined by 
summary trial. 

293. Where the accused comes before the Court on summons or warrant, 
or otherwise the Court shall, in his presence, take the statements on oath 
of those who know the facts and circumstances of the case, and put them in 
writing (called the depositions) . 

The accused may put questions to each witness produced against him 
and the witness’s answer thereto shall be part of his deposition. 

^ The deposition of each witness shall be read over to the witness, and shall 
be signed by him. 

294. No objection to a charge, summons, or warrant, for defect in 
substance or in form, or for variance between it and the evidence for tbe 
prosecution, shall be allowed ; but if a variance appears to the Court to be 
such that the accused has been thereby deceived or misled, the Court may on 
his application adjourn the examination. 

295. The Court may by warrant from time to time, if it thinks fit on 
account of the absence of witnesses or for any other reason (recorded in the 
minutes) remand the accused for a reasonable time, not exceeding eight days, 
to some prison or other place of security. 

Or if the remand is for not more than three days the Court may, by 
word of mouth, order the officer or person in whose custody the accused is, or 
any other fit officer or person, to continue or keep the accused in the custody, 



xcii 


Appendix UTo. II.— Turkish Arabia— Order in Council. 


and to bring him up at the time appointed for commencement or continuance 
of the examination. 

During remand the Court may^ nevertheless^ order the accused to be 
brought before it. 

Or the Court may admit the accused to bail on the remand. 

296. At the close of the evidence for the prosecution, if the Court 
considers it not sufficient to put the accused on his trials the Court shall forth- 
with order him^ if in custody, to be discharged. 

297. Otherwise the Court shall (without requiring the attendance of the 
witnesses) read over to the accused the depositions, and shall then say to him 
these words 

Having heard the evidence, do you wish to say anything in answer to the 
charge? You need not say anything unless you wish. You have nothing 
to hope from any promise of favour, and nothing to fear from any threat 
held out to you to induce you to make any admission or confession. What- 
ever you say will be written down and may be given in evidence against you. 

Whatever the accused then says shall be written down, and shall be read 
over to him, and shall be kept with the depositions. 

298. If the Court considers the evidence sufficient to put the accused 
on his trial, the Court shall order that he be tried on indictment, and shall 
until the trial either admit him to bail or send him to prison for safe keeping. 

299. Where the charge is not of a crime which in England is capital, 
but is of a crime or offence above the degree of misdemeanour, and is to be 
tried before the Supreme Court, or the Court for Egypt, and the trial is to be 
had where a jury can be obtained, then the Court, on ordering that the 
accused be tried on indictment, shall ask him whether or not he wishes to be 
tried with a jury. 

If he answers in tlie negative, then the trial shall he had without a jury 
unless not less than forty-eight hours before the time appointed for the 
trial he files in the Court a notice in writing, staling his wish to be tried with 
a jury. 

300. Where the accused is charged with — 

Felony ; 

Assault with intent to commit felony ; 

Attempt to commit felony ; 

Obtaining or attempting to obtain property by false pretences ; 

Eeceiving stolen property or property obtained by false pretences ; 

Perjury, or subornation of perjury ; 

Concealing the birth of a child by secret burying or otherwise ; 

Indecent exposure of the person ; 

Eiot; 

Assault on a constable or officer of the Court in the execution of his 
duty, or on any person acting in his aid j 



Appendix No. II.— Turkish Arabia— Order in Comidl. 


xciii 


Neglect or breach of duty as a constable or officer of the Court; 
the Court inay^ if it thinks fit, admit him to bail. 

Where he is charged with an indictable misdemeanour, not before in this 
provision specified, the Court shall admit him to bail unless the Court sees 
good reason to tlie contrary (recorded in the minutes). 

If he is charged with murder or treason he shall not be admitted to bail 
except by the Judge of the Supreme Court. 

The Judge of the Supreme Court may, if he thinks fit, admit any person 
to bail, although the Court before which the charge is made has not thought 
fit to do so. 

A person may be admitted to bail at any time after he has been ordered 
to be tried on indictment. 

301. The accused who is to be admitted to bail, either on remand or on 
or after trial ordered, shall produce such surety or sureties as, in the opinion 
of the Court, will be sufficient to ensure his appearance as and when required, 
and shall with him or them enter into a recognisance accordingly. 

30i^. The Court shall bind by recognisance the prosecutor and every 
witness to appear at the trial to prosecute, or to prosecute and give evidence, 
or to give evidence (as the case may be). 

If a person refuses to enter into a recognisance the Court may send him 
to prison, there to remain until after the trial, unless in the meantime he enters 
into a recognisance. 

But if afterwards, from Want of sufficient evidence ot* other cause,* the 
accused is discharged, the Court shall order that the joerson imprisoned for so 
refusing be also discharged. 

303. The room or place in which the preliminary examination is held is 
not an open or public Court for that purpose, and the Court may, if it thinks 
that the ends of justice will be best answered by so doing order that no person 
have access to, or be or remain in that room or place without the express 
permission of the Court. 

304. A person who has been ordered to he tried on indictment shall be 
entitled to have a copy of the depositions, on payment of a reasonable sum not 
exceeding (jcL for every 100 words, or, if the Court thinks fit, without pay- 
ment. 

The Court shall, at the time of ordering the trial, inform him of the 
effect of this provision. 

305. The written charge (if any), the depositions, the statement of the 
accused, the recognizances of prosecutor and witnesses, and the recognizances 
of hail (if any), shall he carefully transmitted in proper time to the Court 
before which the trial is to be held. 

306. The Supreme Court shall, when required by the Secretary of State, 
send to him a report of the sentence of the Court in any case tried on indict- 
ment, with a copy of the minutes and notes of evidence and with any obser- 
vations which the Court thinks fit to make. 



xciv Appendix Wo. II.— Turkish Arabia— Ozfjfowaw Order in CoimdL 


The Court for Egypt and every Provincial Court shall forthwith, send to 
the Supreme Court a report of the sentence of the Court in every case tried on 
indictment^ with a copy of the minutes and notes of evidence and with any 
observations which the Court thinks fit to make. The Supreme Court 
shall^ when recpired by the Secretary of State^ transmit the same to him_, 
with any observations which the Court thinks fit to make. 

8. — Appeal on Law to Supkeme Couht. 

307. Where a person is convicted;, either by summary trial or on indict- 
ment^ before a Court other than the Supreme Court (in this provision referred 
to as the Couit below) : 

(i) if he considers the conviction erroneous in law, then, on this appli- 
cation (unless it appears merely frivolous, when it may be refused) : or, 

(ii) if the Court below thinks fit to reserve for consideration of the 
Supreme Court any question of law arising on the trial ; 

the Court below shall state a ease, setting out the facts and the grounds o£ 
the conviction, and the question of law, and send it to the Supreme Court. 

Thereupon the Court below shall, as it thinks fit, either postpone judg- 
ment, on the conviction, or respite execution of the judgment, and either 
commit the person convicted to prison, to take security for him to appear and 
receive judgment or to deliver himself for execution of the judgment (as the 
case may require) at an appointed time and place. 

• The Supreme Court shall hear and finally determine the matter, and there- 
upon shall reverse, affirm, or amend the judgment given [or set it aside, and 
order an entry to be made in the minutes that in the judgment of the Supreme 
Court the person ought not to have been convicted], or ord( 3 r judgment to be 
given at a subsequent sitting of the Court below, — or make such' other order 
as the Supreme Court thinks just, — and shall also give all necessary and 
proper consequential directions. 

The judgment of the Supreme Court shall be delivered in open Court, 
after the public bearing of any argument offered on behalf of the prosecution 
or of the person convicted. 

Before delivering judgment, the Supreme Court may, if necessary, cause 
the case to be amended by the Court below. 

9.— Punishment. 

308. The Supreme Court may, if it thinks fit, by warrant under the 

hand of the Judge and the seal of the Court, cause an offender convicted before 
any Couitand sentenced to imprisonment, to be sent to and imprisoned at any 
place in the Ottoman dominions, approved for that purpose by the Secretary 
of State. ^ 

The warrant shall be sufficient authority to any person to whom it is 
directed, to receive and detain the person therein named and to carry him to 
and deliver him up at the place named, according to the warrant. 



Appendix No. II.— Tnrkisll Ottoman Order in Council 


xcv 


309. When an offender convicted before any Court is sentenced to 
imprisonment and it appears to tbe Supreme Courts oi% as regards Egypt;, 
the Court for Egypt, expedient that the sentence be carried into effect within 
Her Majesty^s dominions, the offender may (under The Foreign Jurisdiction 
Act, Section 5), be sent for imprisonment as follows, namely, — with respect to 
native Indian subjects, to Bombay, and with respect to other persons, to 
Malta or Gibraltar. 

The Supreme Court, or the Court for Egypt, may, by warrant under the 
hand of the Judge and the seal of the Court, cause the offender to be sent 
to Bombay or to Malta or Gibraltar (as the case may require), in order that 
the sentence may be there carried into effect accordingly. 

The warrant shall be sufficient authority to any person to whom it is 
directed to receive and detain the person therein named and to carry him to 
and deliver him up at the place named according to the warrant. 

310. The Supreme Court may, if it thinks fit, report to the Secre- 
tary of State recommending a mitigation or remission of any punishment 
awarded hj any Court; and thereupon the punishment maybe mitigated or 
remitted. 

But such a recommendation shall not be made with respect to a punish- 
ment awarded by a Court other than the Supreme Court,, except on the 
recommendation of that other Court, or on the dissent of the Assessors or 
Assessor, .if any, from the conviction or from the amount of punishment 
awarded. 


10. — Deportation op Offenders. 

311. (i) Where it is proved that there is reasonable ground to apprehend 

that a subject or protected person is about to commit a breach of the 
public peace, — or that the acts or conduct of a subject or protected person 
are or is likely to produce or excite to a breach of the public peace, — the 
Court may, if it thinks fit (for reasons recorded in the minutes) cause him 
to be brought before it and require him to give security to the satisfaction of 
the Court, to keep the peace, or for his future good ‘ behaviour, as the case 
may require : 

(ii) Where a subject or protected person is convicted of a crime or 
offence before the Court, or before a Court in the sentence of which one of 
Her Majesty^s Consular officers concurs, the Court for the district in which 
he is may, if it thinks fit, require him to give security to the satisfaction of 
the Court for his future good behaviour, and for that purpose may (if need be) 
cause him to be brought before the Court : 

In either of these cases, if the person required to give security fails to 
do so, the Court may order that he be deported from the Ottoman dominions 
to such place as the Court directs. 

The Court shall not, however, without the consent of the person to be 
deported, direct the deportation of a native Indian subject to any place other 
than Bombay, — or of a native of Malta or of any of its dependencies to any 



xcvi 


Appendix !No. II.—Tlirkisll OUoman Order in Cornell. 


place other than Malta^ — or of a native of Gibraltar to any place other 
than Gibraltar^ — or of a person not being a native Indian subject and being 
a native of any part of Her Majesty^s dominions; other than Malta; its 
dependencies; or Gibraltar; to any place other than England. 

A Court other than the Supreme Court or the Court for Egypt shall 
report to the Supreme Court any order of deportation made by it; and the 
grounds thereof; before the order is executed. The Supreme Court may 
reverse the order; or may confirm it with or without variation; and in case 
of confirmation; shall direct it to be carried into effect. 

The person to be deported shall be detained in custody until a fit oppor- 
tunity for his deportation occurs. 

He shall; as soon as is practicable — and in the case of a person convicted, 
either after execution of the sentence; or while it is in course of execution; 
— be embarked in custody under the warrant of the Supreme Court; or, as 
regards Egypt; of the Court for Egypt, on board one of Her Majesty^s 
vessels of war, or if there is no such vessel available, then on board any 
British or other fit vessel bound to the place of deportation. 

The warrant shall be sufficient authority to the commander or master of 
the vessel to receive and detain the person therein named, and to carry him 
to and deliver him up at the place named, according to the warrant. 

The Court may order the person to be deported to pay all or any part 
of the expenses of his deportation. Subject thereto; the ex[)enses of deport- 
ation shall be defrayed as the expenses relating to distressed British subjects 
are defrayed; or in such other manner as the Secretary of State from time 
to time directs. 

The Supreme Court and the Court for Egypt (as the case may be) shall 
forthwith report to the Secretary of State any order of dt^porta-tion made 
or confirmed by it, and the grounds thereof; and shall also inform thereof 
Her Majesty's Ambassador, Minister, or Charge d'Affaires at the Sublime 
Ottoman Porte. 

If any person deported under this or any former order returns to the 
Ottoman dominions without permission in writing of the Secretary of State 
(which permission, the Secretary of State may give) he shall bo deemed 
guilty of an offence against this order, and shall for every such offence l)e 
liable to imprisonment for not more than one month; with or without hard 
labour; and with or without a fine of not more than 10/., or to a fine of not 
more than 20/. alone : and he shall also be liable to be forthwith again 
deported, and shall not be again entitled to registration under this order. ^ 

And the Right Honourable the Earl Granville, and the Right Honour- 
able the Earl of Kimberley, and the Most Noble the Duke of Argyll, three of 
Her Majesty's Principal Secretaries of State, and the Lords Commissioners 
of the Admiralty, ai’e to give the necessary directions herein, as to them 
may respectively appertain. 

xirlkur Ifelp.s, 



Appendix Jsio. IL— TurldLsll ATShm—Oitoman Order in CouneU, xovii 


THE FIRST SCHEDULE. 

Orders in Cotmcil and Buies repealed. 

Order in Council; Windsor^ 30 th November 1864 —General Regulation 
of Jurisdiction. 

Order in Council; Windsor^ lOth. November 1866 — Deputation ; Egypt. 

Order in Council ; Windsor^ 29tli June 1871 — Deputation and Re- 
ferences ; Tunis. 

Rules; ^9rd January 1863 — General Regulation of Procedure, 

Rules; 2nd December 1870 — Remuneration of Jurors. 


THE SECOND -SCHEDULE. 

FORMS. 

I. — Civil. 

1 . 

Issue for Decision on (Question of Fact without Suit, 

In Her Britannic Majesty's Consular Court. at 

[_8aUirdaf] tlie [ ] day of [ 

Between AD, 
and 
CD, 

This Court has ordered tbat the above-named AD, of 
\_gentlema 7 i\ and the above-named GD, oi ^ \mercTian{\^ 

m ay proceed to the trial of the (Questions of fact to be determined between 
them without any petition presented or other pleading. 

This Court, therefore, now further orders that the following questions 
be tried : — 

1. Whether, &c. 

2. Whether, &c. 

The said AD, maintaining the aiErmative, and the said C,D, the negative, 
thereof respectively. 

(Seal.) 

N 


■\Tir 



XCViii Appendix ITo. II.— Turkish AxdihiB,-- Ottoman Order in Council, 


2 . 


Summons o?t Bill of Exchange or Promissory Note. 

In Her Britannic Majesty's Consular Court at [Smyrna.'] 

[Thursday] the 

[ ] day of [ ]y IB 

Between ... ... Plaintiff, 

and 


C.B. 


Defendant. 


To O.B.y of ^ the above-named 

Defendant. 

You are hereby commanded, in Her Majesty's name, to attend this 
Court within seven days after service of this Summons on you, inclusive of the 
day of service, and obtain leave from this Court to defend this suit ; other- 
wise A.B.^ of the above-named Plaintiff, will be entitled, as of 

course, to an immediate absolute order against you. 


(Seal.) 


Indorsement on Simmons. 

The Plaintiff claims [ ] pounds sterling, principal . and 

interest [or balance of principal and interest] due to him as the payee [or 
indorsee] of a bill of exchange or promissory note, of which the following is 
a copy : — 


Sere copy hill or note and all indorsements on it. 

And if the amount thereof be paid to the Plaintiff within [ 
days from the service hereof, further proceedings will be stayed. 

Notice. 

If the Defendant does not, within seven days after having been served 
with this Summons inclusive of the day of service, obtain leave from the 
Court to defend this suit, the Plaintiff will be entitled, as of course, at any 
time after the expiration of those seven days, to an immediate absolute 
order for any amount not exceeding the sum above claimed and such sum 
as may be fixed by the Court for costs. 

Leave to defend the suit may be obtained on application to the Court 
supported by evidence on oath, showing that there is a defence to tlie 
suit on the merits, or that it is reasonable that the Defendant should be allowed 
to defend the suit; or on payment into Court of the sum hereon indorsed. 


Appendix No. II.-— Turkish Arabia •—Ottoman Order in Council, 


XCIX 


3 

Summons on Claim under 201, 

In Her Britannic Majesty^s Consular Court at [Smyrna], 


[Saturday] the [ ] day of [ 

18 .] 

Between 

Plaintiff, 

and 


C.D. 

Defendant. 

■ [o»- 


In the matter o£ Tj.F., an infant^. 


To C.B., of 



j [gentlemarb] the above-named Defendant. 


You are hereby commanded,, in Her Majesty^s name^ to attend this 
Court at [ 1 on'[ ] the [ j day of [ 

] at o^clock in the [ ] noon on the hearing* 

of a claim [or an application] on the part of of [^merc/ian^ 

tlie above named plaintiff [state the precise nature and particulars of the 
claim j and the amount sought to he recovered, or the precise object of the appli^ 
cation, as the case may be^ 

(Seal.) 

The following Note is to he added to the original Simmons and when the time 
is altered by indor sentient, the indorsement is to he referred to as below : — 

N GTE. — If you do not attend either in person or by counsel or attorney 
at the time and place above-mentioned [or at the place above-mentioned at the 
time mentioned in the indorsement hereon], such order will be made and such 
proceedings taken as the Court may think just and expedient. 


4. 

Petition. 

In Her Britannic Majesty^s Consular Court at [Smyrna], 


Between A.B. 

and 

Plaintiff, 

C.B. and 

B.F. ... 


1 Defendants. 


To X,T., Esquire, Her Britannic Majesty's Consul at [Smyrna]. 

The petition of A.B., of [merchant], the above-named Plaintiff, 

Shows as follows : — 

1. [On the 1st day of June 1859, the Defendant, fee.] 



e 


Appendix iSTo. II. — Turkisll Arabia — Ottoman Order in Comcil. 


a. [On the next day the Plain tiS wrote and sent* a letter to the 
Defendant^ the material parts of which were as follows^ &c.] 

3 

4 

The Plaintiff therefore prays — 

1. [That an account may be taken of what is due for piincipal 

and interest on^ &e.] 

2. [That the Defendant may be decreed to pay to the Plaintiff the 

amount which shall be so found due within one calendar 
months &c.] 

3. [That the Plaintiff may have such further or other relief as the 

nature of the case may require]. 

The Defendants to this petition are — 

C,D.y of y [merc/iantjy 

of y \wido'i(^^ 

AJS. 

[or A,B, the Plaintiff, 

by L,M,y his Attorney.] 


5. 

Answer, 

t6- 

In Her Britannic Majesty’s Consular Court at {Sm 7 /rna\. 

Between X 5. ... ... PlaintifE, 

and 

' " I Defendants. 

The answer of C.B., one of tire above-named Defendants, to the Petition 
of the above-named Plaintiff. 

In answer to the petition I, C.I)., say as follows : — 

1 

2 • 

3 

G.D. 

C.B., the Defendant, 
by N. 0., his Attorney.] 



Appendix ISTo. II.— Turkish Axs^hm—QUoman Order in Council 


Cl 


6 . 


Notice of Hearing. 


In Her Britannic Majesty^s Consular Court at {Smgrnal, 
[Saturdaf] the [ ] day of [. 

18 . 


Between A.B. 

and 

C.JD. and 
RF.... 

To A,B.j the above-named Plaintiff. 
[or 


Plaintiff^ 

I Defendants. 


To C,l)., one of the above-named Defendants] . 

This cause will be set down for hearing on the 

day of ^ ^ 18 , and will come on to be heard in its turn on that 

day, if the business of the Court permits. 


(Seal.) 


7. 

Motion-paper. 

In Her Britannic Majesty^s Consular Court at [Smgima’I. 

Between A.B. ... ... ... Plaintiff, 

and 

C.B. ... ... ... Defendant. 

The Plaintiff, [or as the case may hel moves 
that [here state the terms of the motio7i\. 


II. — Probate and Administration. 

8 . 

Affidavit of attesting Witness in proof of the due Rxecntion of a Will or Codicil 
dated after 3l5<^ December ^ 1837. 

In Her Britannic Majesty^’s Consular Court at [Smyrna]. 

In the matter of A.B., deceased. 

I, C.D., of j make oath and say that I am one of the sub- 

scribing witnesses to the last Will [or Codicil, as the case may be'] of A.B.^ late 
of , deceased^ the said Will [or Codicil] being now hereto 

annexed, bearing date , and that the testator executed the said 



cii Appendix No. II. — Turkish Ottoman Order in Council. 


Will [or Codicil] on the day of the date thereof by signing his name at tlie 
foot or end thereof [cr in the testimonium clause thereof ^ or in the attestation 
clause thereto^ as the case may he'], as the same now appears thereon (*) in tlxe 
presence of me and of , the other subscribed witness thereto^ 

both of us being present at the same time, and we thereupon attested and, 
subscribed the said Will [or Codicil] in the presence of the testator. 


Sworn at 

day of 

18 , before me. 



x.r. 




9. 

OatJi for Executor. 

In Her Britannic Majesty^s Consular Court at [Smyrna]. 

In the matter of A.B. deceased. 

^ I, C.E., of . , make oath and say that I believe the paper- 

writing [or the paper writings] hereto annexed and marked by me (t) to 
contain the true and original last Will [or last Will with 
Codicils] of A.B,, late of , deceased, and that I am the sole 

executor [or one of the executors] therein named [or executor according to the 
tenour thereof, executors during life, executrix during widowhood, or afi tJic 
case may be], and that 1 will faithfully administer the personal property o:i: the 
testator by paying his just debts and the legacies given by his Will [or 'Will 
^^^>d ^ Codicils], so far as his personal property shall extend 

as the law bind mo; that I will exhibit an inventory, and render an account 
of my executorship, whenever lawfully reciuired ; that the testator died at 

ou the ^ day of , 18 : that at the 

time of his death he had his fixed place of abode at within the 

jurisdiction of this Court; and that the whole of his personal property does xxot 
amount in value to the sum of pounds, to the best of niy know- 

ledge, information, and belief. 

an. 

Sworn at , this ' 

(lay of 

18 , before me, 

B.F. 


* If the signature is in the testimonium clause or attestation clause, insert “inteinling’ tlio 
same for his final signature to his will.” 

t Eacli testamentary paper is to he uiarhed by the imrsons sworn and the piTsou udniinistei*-. 
ing the oath. 

Where more executors than one are appointed, and all arc not sworn, a ineinorandinn slioulOL 
he imade in the margin of the oath tliat j>ower is to be reserved to the other executors or cxccutoir^ 
or that they have or lie has renounced. 



Appendix Ifo. II. Tnrkisll Arabia — Ottoman Qrder in Council. ciii 


10 . 

Oath for Administrator loith Will aniiexeH, 

In Her Britannic Majesty^s Consular Court at {Smyrna^. 

In the matter of deceased. 

I^ C'.i).;, of ^ ^ make oath and say that I believe the paper 

writing [or the paper writings] hereto annexed, and marked by me {^) to 
contain the true original last Will [or last Will with Codicils] 

of A.B., late of , deceased ; that the executor therein 

named is dead without having* taken probate thereof [or as the case may 
that I am the residuary legatee in tru§t named therein [or as the fact may ; 
that I will faithfully administer the personal property of the testator, by 
paying his just debts and the legacies given by his Will [or Will and 

Codicils], so far as his personal property shall extend and the 
law bind me, and distributing the residue of his personal property according 
to law ; that I will exhibit an inventory and render an account of my admi- 
nistration whenever lawfully required ; that the testator died at 

on the 18 ; that at the time of his death he had his 

fixed place of abode at , within the jurisdiction of this 

Court, aiid that the whole of his personal property does not amount in value 
to the sum of pounds, to the best of my knowledge, information, 

and belief. 

aj). 

Sworn at this 

day of , 

18 , before me, 

B.F. 

11 * 

Oath for Administrator (not with Will annexed). 

In Her Britannic Majesty's Consular Court at [Smyrnaf 
In the name of A.B.y deceased. 

I C.T). of ^ make oath and say that A.B.^ late of 

^ deceased died intestate, a bachelor, without parent, brother, 
or sister, uncle or aunt, nephew or niece, and that I am his lawful cousin- 
german and one of his next of kin [this must he altered in accordance with the 
circumstances of the case] ; tbat I will faithfully administer the personal pro- 
perty of the deceased, by paying his just debts and distributing the residue of 
his property according to law ; that I will exhibit an inventory and render an 
account of my administration whenever lawfully required; that the deceased 
aied at on tHe day of 18 ; that at 

the time of his death he had his fixed place of abode at 

Each testamentary paper is to be marked by the persons sworn and the person administer- 
ing the oath. 



civ 


Appendix No. II,— Turkish Arabia— Order in Council, 


within the jurisdiction of this Court ; and that the whole of his personal 
properly does not amount in value to the sum of pounds^ to the best 

of my knowledge^ information^ and belief. 




Sworn at 

day of 

18 j before me^ 



12 . 


Froiate, 

In Her Britannic Majesty^s Consular Court at \Smp-na\, 


Be it known^ that on the day of 18 ^ I § . 

the last Will [or the last Will with Codicils] (a copy 

whereof is hereto annexed) of A.B,, late of ^ deceas- 

ed, who died on at ^ and who at the §*^11 

time of his death had his fixed place of abode at within I | ^ 

the jurisdiction of this Court, was proved and registered in this ^ 
Court ; and that the administration of the personal property of | ^ 
the said deceased was granted by this Court to C.B,, the sole I g 
executor [or as the case 7nay he\ named in the said Will, he having o s 
been first duly sworn. 

xjr., 

H. B. M, Consul at [Smyrna^, 

(Seal.) 


13. 


Letters of Administration with Will annexed. 

In Her Britannic Majesty^s Consular Court at [Smyrna^, 

Be it known, that A,B,^ late of , deceased, who died on 
the day of , at , and who had 

at the time of his death his fixed place of abode at , 

within the jurisdiction of this Coui't, made and duly executed his 
last Will [or his last Will with Codicils thereto], and did 

therein name [according to the facts 

And be it further known, that on the day of 

,18 , Letters of Administration with the’ said Will 

[and Codicils] annexed of the personal property of the deceased 
were granted by this Court to C,!),, [insert the character in which 
the grant is taken] , he having been first duly sworn. 

XZ, 

H. B. M. Consul at [Smyrna], 

(Seal.) 





Appendix No. II.— -Turkish Arahia-- Ottoman Order in Council 


cv 


14. 

Letter of Admmistration (not loUJt Will annexed). 

In Her Britannic Majesty^s Consular Court at {8myTnd\ . 

Be it known^ that on the day of ^ 18 ^ 

Letters of Administration of the personal property of A,B.^ late 
of , deceased^ who died on 18 ^ at 

, intestate^ and who had at the time of his death his 
fixed place of abode at ^ within the jurisdic- 

tion of this Courts were granted by this Court to of 

j the widow [_or the case may be~\ of the said intestate^ 
she having been first duly sworn. 

xr., 

H. B. M. Consul at [Smyrna^]. 

(Seal.) 


16. 

Double Dr oh ate. 

In Her Britannic Majesty^s Consular Court at \Smyrnd \ . 

Beit known^ that on the day of ^,18 ^ I 

the last Will [with Codicils] of A.B.^ late of || 

^ deceased; who died on ; at ^1%. 

; and who at the time of his death had his fixed place If ll" ' 
of abode at ; within the jurisdiction of this Court; || | ® 

was proved and registered in this Court; and that administration s'!;! 
of his personal property; and any way concerning his Will; was 
granted by this Court to C.D,^ one of the executors named in the 
said Will [or Codicil]; he having been first duly sworn; power 
being reserved of making the like grant to E.F,, the other executor 
named in the said Will. And be it further known, that on the 
day of ; 18 ; the said Will of the 

said deceased was also proved in this Court, and that the like ad- 
ministration was granted by this Court to the said X.X., he having 
been first duly sworn. 

xr.; 

H. B. M. Consul at [Smyrna~\. 



(Seal.) 

Former grant, January 18 , under the same sum. 


VII 


o 





16. 

Letters of Administration de Bonis non. 

In Her Britannic Majesty^s Consular Court at [Sm^rnal. 

Be it known j that A.B.^ late of j deceased^ died | 

on 18 ^ at j intestate^ and had at | 

the time of his death his fixed place of abode at ^ 

, within the jurisdiction of this Courts and that since his « 
death; namely, on the day of 18 , Ills 

Letters of Administration of his personal property were granted 
by this Court to C.B,, [insert the relationship or character of 
Administraior\ (which Letters of Administration now remain on 
record in this Court) who after taking such Administration upon 
him partly administered the personal property of the deceased, and 
afterwards namely, on , died, leaving part thereof 

unadministered, and that on the day of 

,18 , Letters of Administration of the personal property 

so left unadministered were granted by this Court to 
, he having been first duly sworn. 

XZ, 

H. B. M. Consul at [Smyrnd\. 

(Seal). 


17. 

Administration Bond, 


Know all men by these presents, that we, A,B,^ of ^ 

of ' , and of , are jointly and sever- 

ally bound unto ff.iT., the Judge of Her Britannic Majesty^’s Supreme Con- 
sular Court, for the dominions of the Sublime Ottoman Porte, in the sum of 
pounds sterling, to be paid to the said (?./£, or the Judge of 
the said Court for the time being ; for which payment we bind ourselves and 
each of us, for the whole, our and each of our heirs, executors, and adminis- 
trators, firmly by these presents. Sealed with our seals. Dated the 
day of 18 

A, B, (L.s.) 

C,B, (L.S.) 

B. F, (l.s.) 


The condition of the above-written obligation is such, that if the above- 
named A,B.^ the intended Administrator of the personal property of J.Z., 
late of , deceased, who died on the day of 

[left unadministered by ] do make a true and 

perfect inventory of the personal property of the deceased [so left unad- 



Appendix No. II.— Turkish Arabia — Ottoman Order in Council. 


evil 


ministered]^ wliicli lias or shall come into Piis] possession,, or into the posses- 
sion of any person for [him], and the same so made do exhibit into Her 
Britannic Majesty^s Supreme Consular Court or Her Britannic Majesty^s 
Consular Court at [8mp'}ia\ whenever required by law so to do ; and the same 
personal property and all other the personal property of the deceased, which 
shall at any time after the making an exhibition of such inventory, come 
into the possession of the said A.B., or of any person for [him], do well and 
truly administer according to law ; (that is to say) do pay the debts which 
the deceased owed at [his] death, and all the residue of the said personal 
property do deliver and pay to such person or persons as shall be entitled 
thereto under the Act of Parliament intituled An Act for the Letter settling 
of Intestates^ Estates ; and further, do make a true and just account of [his] 
administration whenever lawfully required; and in case it shall hereafter 
appear that any Will was made by the deceased, and the executor or executors 
therein named do exhibit the same for probate, then if the said A.B., being 
thereunto required, do duly render and deliver up the Letters of Adminis- 
tration granted to him, then this obligation shall be void, and otherwise shall 
remain in full force. 

Signed, sealed, and delivered before this Court. 

(Seal.) 


18 . 

Administration Bond for Administrator loitli Will annexed. 

Know all men by these presents, that we, A.B.^ of , C.B. 

of and E.F.^ of , are jointly and severally bound 

unto G.B., the Judge of Her Britannic Majesty^s Supreme Consular Court 
for the dominions of the Sublime Ottoman Porte in the sum of 
pounds sterling, to be paid to the said G.II., or the Judge of the said Court for 
the time being, for which payment we bind ourselves and each of us, for the 
whole, our and each of our heirs, executors, and administrators, firmly by 
these presents. Sealed with our seals. Dated the day of , 

18 . 

A.B. (l.s.) 

C.B. (l.s.) 

E.F. (l.s.) 

The condition of the above-written obligation is such that if the above- 
named A.B., the intended Administrator with Will annexed of the personal 
property of late of . deceased, who died on the 

day of j do make a true and perfect 

inventory of the personal property of the deceased [left unadministered by 

], which has or shall come into [his] possession, 
or into the possession of any person for [him], and the same so made do exhi- 
bit into Her Britannic Majesty's Supreme Consular Court to Her Britannic 
Majesty's Consular Court at [Smgrna:\, whenever required by law so to do, 



cviii Appendix No. II.— Turkish Ara>loia,—Oitomaii Order in Council. 

and tliG same personal property [so left iina.dministeiedj and all otliei tlie 
personal property of the deceased which, shall at any time after the ^ making 
and exhibition of such inventory come into the possession of the said A.B.y 
or of any person for [himj^ do well and truly administer^ (that is to say^ do 
pay the debts which the deceased owed at [his] death, and then the lega- 
cies given by the said TV ill annexed to the said Ijetteis of Admiiiistiationj 
as far as such personal property will extend, and the law bind [him], and all 
the residue of the said personal property shall deliver and pay into such person 
or persons as shall be by law entitled thereto, and further do make a tiuc and 
just account of [his] said Administration whenever lawfully recjuired, then this 
obligation shall be void, and otherwise shall I’emain in full force. 

Signed, sealed, and delivered before this Court. 

(Seal.) 


19 . 

Declaration of the jpersonal Projjerf^ of a Testator or an Intestate, 

In Her Britannic Majesty’s Consular Court at {Smyrna?^ 

A true declaration of all the personal property of late , 

deceased, who died on the day of , at 

' , and had at the time of his death his fixed place of abode 
at , within the jurisdiction of this Court, which have at 

any time since his death come to the possession or knowledge of CJ)., the 
administrator with the Will annexed of the said A.B. [or administrator, as 
the case may l)e\j made and exhibited upon and by virtue of the oath [or 
solemn afiirmation] of the said C.D.^ as follows : — 

First, I declare that the deceased was at the time of his £ s. cl, 
death possessed of or entitled to ... 

[The details of the deceaseeVs yiroj^eriy must he here in- 
serted and the valne inserted oyiposite to each particular?^ 

Lastly, I say that no personal property of the deceased has at any time 
since his death come to my possession or knowledge, save as is hereinbefore 
set forth. 

C.D. 

day of , IS , the said C.D, 

was duly sworn to [or solemnly affirmed] the truth of the above-written 
in ventoiy. 

Before me. 

[person authorized to administer oaths ?\ 



Appendix 'No. II.— TurMsll Avaibiei,— Ottoman Order in Council cix 


20 . 

J'ustificatioji of Sureties. 

In Her Britannic Majesty^’s Consular Court at [Sruy'nial. 

In tlie matter of A.B., deceased. 

We, C.B., of , and E.F., of severally 

make oatli and say, tkat we are tlie proposed sureties in tke penal sum of 
pounds, on bekalf of G.H.^ tke intended administrator of 
tke personal property of late of , deceased, for kis 

faitkful administration thereof ; and I, tke said C.B., for myself, make oath 
and say, tkat I am, after payment of all my just debts, well^and truly worth 
in money and effects tke sum of ; and I the 

said E,F., for myself, make oath and say, that I am, after payment of all my 
just debts, well and truly worth in money and effects tke sum of 
pounds. Sworn by tke deponents, C.B. and F.F., at 

, C.D. tliis day of 18. 

E.F. Before me, 

X.Y. 


21 . 

Eeminciation of Frolate and Administration with Will annexed. 
In Her Britannic Majesty's Consular Court at \Smyrna'\. 

In tke matter of A.B.^ deceased. 


, deceased, died on tke 
, having at tke 


Whereas A.B., late of 

day of ^ at 

time of kis death kis fixed place of abode at 
within tke jurisdiction of this Court; and whereas he made and duly execut- 
eel his last Will, dated the day of _ , IS 

,* and thereof ai^pointed C.B. eseeutor and residuary 

legatee in trust [or as the case may 5(?] : ' _ 

Now I, the said G.B., do hereby declare, that I have not intermeddled 
in the personal property of the deceased, and will not hereafter^ intermeddle 
therein, vdth intent to defraud creditors, or any person interested in the admi- 
nistration or distribution of the. property of the deceased, and further do 
hereby expressly renounce all right to probate of the said Will [and Codicils, 
if any\^ and to administration with tke said W^ill [and Codicils, if any\ 
annexed, of the personal property of the deceased. 

In witness whereof I have hereto set my hand and seal, this 

tlay of , 18' . r, Ti f \ 

C.B. (l.s.) 

Signed, sealed, and delivered by the above-named C.B. in the presence 
of G.II. 


* If there are codicils, their dates should he also inserted. 



ox 


Appendix Ko. II.— Turkisll Arabia — Order in Council. 


Hemoidaiion of Aihiiinistratioii. 

In Her Britannic Majesty^s Consular Court at \Sm^rna\. 

Whereas A.B.^ late of ^ deceased^ died on the 

day of j 18 ^ at ^ intestate^ a widower^ having had 

at the time of his death his fixed place of abode at , , within 

the jurisdiction of this Court ; and whereas C.J).^ of , am 

his lawful ehildj and his only next of kin [or as the case may I)e'] : 

ISIow I, the said C.D., do hereby declare that I have not intermeddled in 
the personal property of the deceased^ and further do hereby expressly re- 
nounce all right to administration thereof. 

In witness whereof I have hereto set my hand and seal, this 
day of 18 . 

C.D. (l s .) 

Signed^ sealed^ and delivered by the said C.D.j in the presence of 

GJL 


23 . 

Order to a Person to Iring in a Pamper imrporting to he testamentary 

In Her Britannic Majesty^s Consular Court at [Smyrna \ . 

The day of , 18 . 

To of 

Whereas it appears by a certain aflfidavit filed in this Court on the 

day of 5 18 j and made by , of ^ 

that a certain original paper^ being, or purporting to be testamentary, namely 
[Jiere describe the ya^per'] bearing date the day of , 

18 , is now in your possession or under your control : 

Now this is to command you, in Her Majesty's name that within eight 
days after service hereof on you, inclusive of the day of such service, you do 
bring into and leave in this Court the said original paper, or in ease the said 
original paper be not in your possession or under your control, that you, 
wutbin eight days after the service hereof on you, inclusive of the day of 
such service, do file in this Court an affidavit to that effect, and therein set 
forth what knowledge you have of and respecting the said paper. 

(Seal.) 


U. 

Affidavit of Handivriting, 

In Her Britannic Majesty^’s Consular Court at [Smyrna'\. 

In the matter of C.P.^ deceased. 

I, A.B.y of ^ ^ make oath and say, I knew and 

was well acq^uainted with C.Z?., late of ^ deceased. 



Appendix Wo. II.— Txirkish Arabia — Ottoman Order in Council'. 


cxx 


wlio died on tlie day of , at 

for many years before and down to his death, and that during that time I 
have frequently seen him write and sign his name, whereby 1 have become 
well acquainted with his handwriting and signature, and having now with 
care and attention inspected the paper writing hereto annexed, purporting to 
be the last Will of the said beginning thus ^ 

ending thus dated the 

<^f , and signed thus, C.D.^ I say that I 

believe [the whole body and contents of the said Will, together with] the 
signature C.D., thereto to be of the handwriting of the said C.D., deceased. 


Sworn at 

this day of 

IS , before me. 


RF. 


AJS. 


25. 

Affidavit of Fhulmg and Condition of IFUL 

In Her Britannic Majesty^s Consular Court at [Smyrna '] . 

In the matter of F.F. deceased. 

I, A.B., of , make oath and say that I am the 

sole executor named in the X)aper writing hereto ■ annexed, purporting to 
be the last Will of E.F,, late of , deceased (who died 

on the day of , and had at his 

death his fixed place of abode at , within the 

jurisdiction of this Court), the said Will bearing date the day 

of , beginning thus , ending thus 

, and being signed thus, R.F.y and that [here describe the 
finding of ike Willy and the various obliterations , interlmeations, erasures, and 
\iUeratlons (if any), and the general condition of the IFill, and state any other 
matters retpiirirng to he accounted for, and clearly trace the Will from the 
j)ossession of the deceased^ in his lifetme tt'p to the tune of the making of his 
yiffidavit] ; and I lastly say that the same paper writing is now in all respects 
in the same condition as when found [or as the case may hed\ 


Sworn at 

day of 

18 , before me, 






exii 


Appendix "No, II.— Tnrkisll AxBj’bm'-- Ottoman Order in CoundL 


26. 

Affidavit of Search. 

In Her Britannic Majesty^s Consular Court at \Bmyrna\. 

In tlie matter o£ deceased. 

1, A.B.j of j mate oatli and say that I am the 

sole executor named in tte paper writing Hereto annexed;, purporting to 
He tte last Will of G,J)., late of ^ deceased (wto died 

on tte day of ^ 18 ^ at and tad 

at tte time of tis deatt tis fixed place of abode at wittin 

tte jurisdiction of ttis Court)^ tte said Will beginning ttus^ ^ 

ending ttus^ and being signed ttns^ C,JD. And 

referring particularly to tte fact that tte blank spaces originally, left in 
tte said Will for tte insertion of tte day and tte montt of tte date ttereof 
tave never been supplied [or ttat tte said Will is wittout date^ or as the case 
may le\y I flutter say ttat I have made inquiry of tte Solicitor of the 

said deceased] , and ttat I tave also made diligent and careful searet in all 
places wtere the said deceased usually kept tis papers of moment^ in order to 
ascertain wtetter te had or tad not left any otter Will^ but that I tave been 
unable to discover any otter Will. And I lastly say ttat I believe tte 
deceased died wittout having left any Will, Codicil, or Testamentary Paper 
whatever otter than tte said Will by me hereinbefore deposed to. 

Sworn at , ttis 

day of 

18 . before me, , 

GJL 

This form of aifidavit is to te used when it is shown ty affidavit that neither the 
siitscriting witnesses nor any other person can dispose to the precise time of the execution of 
the will. 



27. 

Notice to Froldhit Grant of Prolate or Administration. 

In Her Britannic Majesty^s Consular Court at \Symrna\. 

In tte matter of A.B.^ deceased. 

Let nothing be done in the matter of A.B.^ late of 

, deceased, wto died on tte day of 

, and tad at tte time of 
his death tis fixed place of abode at , wittin the 

jurisdiction of ttis Court, without warning being given to Ci5., of 

, [or to B.F. of tte Attorney 

of GJL, of 

Dated ttis day of , IS . 

(Signed) C.D., of , [orJE.R, 

^^ 2 ^ Attorney of GJL of 



Appendix ITo. II. — Turkisll Ottoman Order in Council, 


exiii 


23. 

Warnhiff to Person filing Notice to Prohibit Grant, 

In Her Britannic Majesty^s Consular Court at \SgrnTm'], 

In the matter of A,B,y late of ^ deceased. 

To C.D,, of [or to P.P, of 

Attorney of of ]. 

You are hereby warned^ within six days after the service of this warning' 
upon you, inclusive of the day of such service, to come to this Court, and to 
file therein an affidavit setting forth your [or your client^s] interest in this 
matter; and in default of your so doing this Court will proceed to all such 
acts and things as shall be needful to be done in this matter. 


Note. — This warning is issued at the instance of R.S., of 

[here state what interest R.8, hasj and if under a Will or Codicil, 
state Us date.~\ 


(Seal.) 


29. 

List of Probates and Administrations, 

Her Britannic Majesty^s Consular Court at [Sijmfnd\, 

The [1st] day of [August], 1S[C3]. 

List of Probates and Administrations granted by this Court up to the 1st 
day of July 1863, and not included in any previous List. 


Date of grant. 

Name in full of 
Deceased, 

His or her Busi- 
ness, Profession, 
or other Des- 
cription. 

Place of his or her 
Death. 

Time of his or her 
Death. 

Name and Descrip- 
tion of each 
Executor or Ad- 
minis tr ator 
taking Prohate 
or Administra- 
tion. 

Talue of the Per- 
sonal Property. 









(Sd.) X.Z, 

H.B.M. Consu at [SumnvP, 

(Seal.) 


VII 





exiv Appendix Wo, II.— Turkish Av2ihi2^— Ottoman Order in CoimciL 


80. 

St( 7 imons to AdministratoT or Executor for ^Smmnary Admhmtratlon, 

In Her Britannic Majesty^s Consular Court at \Smyrna?^, 

ISakmlayl the [ ] day [ 1 18 . 

In the matter of the property of A,B., late of ^ deceased. 

Between (7.2). ... ... Plaintiff, 

and 

E.F, ... ... Defendant. 

To E.F,, of j the above-named Defendant^ Executor of 

the above-named A.B. 

On the application of C.2)., of j Dsq.^ the above-named 

Plaintiff j who claims to be a creditor of the said A,B. 

You are hereby commanded in Her Majesty^s name, to attend this Court 
at ^ on [ ] the £ ] day of [ ] 

at [ ] o^cloek in the [ ] noon^ and show cause, if you 

can why an order for the administration of the property of the said A.B,^ 
under the direction of this Court, should not be granted, 

(Seal.) 

The following 7iote is to le added to the original Snvmions, a7id zohen the time 
is altered ly indorsemetit^ the indorsement is to be referred to as below : — 

Note.— If you do not attend either in person or by counsel or attorney 
at the time and place abovementioned [or at the place above-mentioned at the 
time mentioned in the indorsement hereon], such order will be made and such 
proceedings taken as the Court may" think ]ust and expedient. 


IIL — Ceiminal. ■ 

31. 

hifor^nation to ground Se&rch Warrant. 

In Her Britannic Majesty^s Consular Court at [Smyr 7 iai] 

[Thursday'] the day of 18 . , C.D. of 

labourer, being first duly sworn, complains that on the day of 

, the following goods and chattels of the value of namely : 

[Here describe the goods and chattels,] 

were stolen and unlawfully carried away from and out of at 

^ by some person or persons unknown, and that he has I’ea- 
sonable cause to suspect, and does suspect, that those goods and chattels or 
some of them are concealed in ; for he, the said C.B,, on his 

oath, deposes and says that 

Taken and sworn before me this ) 
day of 18 , y 



IN’o. II. — Turkisll Arabia — Ottoman Order in ComiciL 


CX:^ 


sa. 

Search Warrant for Stolen Goods, 

In Her Britannic Majesty's Court at {Sm^rna'}^, 

\TJmrsday\ the day of 18 . 

To X.T.f Police Officer and other Officers of this Court. 

C,D:, of j has this day made information on oath 

before this Court that \_e0pffr07n informaimi down to ^^for he ’^'] . 

You are^ therefore, hereby authorized and commanded, in Her Majesty's 
name, with proper assistance to enter the ' of the said 

A, By and there diligently search for the said goods and chattels, and if the 
same, or any thereof, are found on search, to bring the goods and chattels so 
found, and also the said A,B,j before this Court, to be dealt with according to 
law. 

(Seal.) 


3*3\ 

Charge, 

In Her Britannic Majesty's Consular Court at ISnigma Jl- 
\^Thmsdag']j the day of ^ 18 . 

C.P,y of [labourer], [being first duly sworn] charges state 

the offence] , 

(Seal.) 


34'. 

Su}mno7is to Accused, 

In Her Britannic Majesty's Consular Court at {_Smg7*na'J, 

[TImrsdag]yi\Q day of ,..18 • 

To A,B,y of , [labourer] . 

You have this day been charged [on oath] before this Court for that 
you [^%% stating shortly the offence charged]. 

Therefore you are hereby commanded in Her Majesty's name to appear 
before this Court on [Saktrday next] the day of , at 10 

o'clock in the forenoon] at [ ], to answer to the said charge, and to 

be further dealt with according to law. 

(Seal.) 



CXVl 


Appendix No. II.— Turkish. Arabiar — Order in Coimdh 


35. 

Warrant in first instance for ap-pre/iension of Accused. 

In Her Britannic Majesty^s Consular Court at [^Smp'nd]. 

\Tliursclay\^ the day of , 18 . 

To X. X.j Police Officer^ and other ofla.eers o£ this Court. 

A. B,y of y [labourer] , has this day been charged [on oath] 

before this Court for that he \_^e.y stating shortly the offence cliargecli \ . 

Therefore you are hereby commanded in Her Majesty^s name, forthwith 
to apprehend the said A.B,y and to bring him before this Court to answer to 
the said charge, and to be further dealt with according to law. 

(Seal.) 


36. 

Warrant for Apprehension of Accused cohere Simmons is disoleyed. 

In Her Britannic Majesty^s Consular Court at \8myrnd\ . 

, \Thursday\y the day of , , IS • 

To X. Y.y Police Officer, and other officers of this Court. 

A. B.y of , [labourer], was on the day of , 

18 , charged [on oath] before this Court for that [Sfc.y as in S^n^mons~\. 

And the said A.B. was, by summons of this Court, commanded to appear 
before this Coui’t op [ ] ^t [ ] ^^ [ ']> "to answer to 

the said charge, anil to be further dealt with according to law. 

And (as it haS now been proved to this Court) he was duly served with 
the said summons; But he has not appeared according to the said Summons, 

Therefore you are hereby commanded, in Her Majesty^s name, forthwith 
to apprehend the said A. B., and to bring him before this Court to answer to 
the said charge, and to be further dealt with according to law. 

(Seal.) 


37. 

Summons of a Witness. 

In Her Britannic Majesty^s Consular Court at [_Smyrna \ . 

Thursday^ the day of , 18 . 

To B, F.y of , [labourer] , 

A, B.y of [labourer], has been charged before this Court 

for that [^c., as in the Summons or Warrant against the accused J] 

And it appears to this Court that you are likely to give material evidence 
concerning the said charge. 



Appendix Ko. II. — Turkish Arabia — Ottoman Order in Council, exvii 


Therefore you are hereby commanded;, in Her Majesty^s name; to appear 
before this Court on [Saturday next] the [ ] day of [ ] 

18 [ ]; at [10 o^clock in the forenoon]; at [ to testify 

what you shall know concerning the said charge. 

(Seal.) 


38. 

Warrant loJiere toitness has not oiei/ecl Summons, 

In Her Britannic Majesty^s Consular Court at \Smp'nd\, 

[Thursday'] y ihoi day of 18 • 

To X.J".; Police Officer; and other Officers of this Court. 

A, B., of ; [labourer]; has been charged before this 

Court for that as in summons^ 

And it appearing to the said Court that E. F.; of [labourer]; 

is likely to give material evidence concerning the said charge; the said BJd\ 
waS; by Summons of this Court; commanded to appear before this Court on 
[ ] [ J ^ testify what he should 

know concerning the said charge. 

And (as it has now been proved to this Court) he was duly served with 
the said Summons, 

But he has not appeared according to the said Summons; and has not 
excused his failure to do so to the satisfaction of this Court. 

Therefore you are hereby commanded; in Her Majesty^s name; to bring 
and have the said E, F, before this Court on [ ], at 10 o^clock in 

the forenoon] at [ ]; to testify what he shall know concerning the 

said charge. 

(Seal.) 


39. 

Warrant for Witness in first instance. 

In Her Britannic Majesty^s Consular Court at [Smyrna^, 

[Thursday] day of ; 18 . 

To X Y,j Police Officer; and other Officers of this Court. 

A,B,, of ; [labourer]; has been charged before this Court 

for that as in Summons] , 

And it appears to this Court that E,E,^ of [labourer], is 

likely to give material evidence concerning the said charge; and that it is pro- 
bable he will not attend to give evidence unless compelled to do so. 



exviii Appeadlx ITo. II.— Turkisli Arabia— 0 «o«ot» Order in Council. 


Therefore you are hereby conuuaiidedj in Her Majesty s name, to bring 
and have the said H.F. before this Court on [Saturday nest] the 

day of 3 18 [ 3 [10 o^cloek in the forenoon] at [ 

] to testify what he shall know concerning the said charge. 

(Seal.) 


40. 

Warrant for commitment of Witness for refusing to ie sworn or to give 

Mviclence. 

In Her Britannic Majesty^s Consular Court at [S'myrna ] . 

\TJmrsdaf^, tlie day o£ , 18 . To X T,y Police OiSScer 

of tliis Courts and to the Keeper of [Her Britannic Majesty^s Consular] 
Prison at [ ]. 

A.B,^ of [labourer], has been charged before this Court 

for that [^c., as in Summo7is '\ . 

And of [labourer], now being before this Court to 

testify what he knows concerning the said charge in pursuance of a Summons 
[or Warrant] issued by this Court, and being required refuses to take an oath 
[(?r having taken an oath, refuses to answer a certain question now put to him 
concerning the said charge], and does not excuse his refusal to the satisfaction 
of this Court. 

Therefore you are hereby commanded, in Her Majesty^s name, you, the 
above-named X. K, to take the said X.X., and convey him safely to the above- 
named prison, and there, dehver him to the keeper thereof, together with this 
warrant. 

And you, the keeper of the said prison, to receive the said E.F into your 
custody in the said prison, and to keep him there safely for [seven] days, 
unless he in the meantime consents to answer duly on oath. 

(Seal.) 


41. 

Warrant commuting the Accused for safe custody during an adgo%irn7}ient of the 
hearing, or where the hearing is not at once proceeded with, or remanding him. 

In Her Britannic Majesty^s Consular Court at lS7?iyr7ia'], 

[Thursday], ihoi day of 18 . 

To X.X., Police Officer of this Court, and to the keeper of [Her Britan- 
nic Majesty^s Consular] prison at [ ] . 

A,B,, of ^ , [labourer], has been charged before this Court 

for that [^c,, as m summons ] . 



Appendix ISTo. II.— Turkish. Arabia— Order in Council. 


cxix 


^ And the hearing of the said charge is adjonrne'd [or cannot be at once 
proceeded witlij^ and it is necessary that the said A.B, should in the meantime 
be kept in safe custody.'^ 

Therefore you are hereby commanded^ in Her Majesty^s name, you, the 
above-named XT'., forthwith to convey the said A.B, to the above-mentioned 
prison, and there deliver him to the keeper thereof, together with this warrant. 
And you, the keeper of the said prison, to receive the said A.B, into your cus- 
tody in the said prison, and there safely keep him until the day 

of instant, and then to have him before this Court at [10 o^clock 

in the forenoon] of the same day at ( ) to answer further to the 

said charge, and to be further dealt with according to law. 

(Seal.) 

(In cases for indictment substitute for the words between asterisks 
the following : — And it appears to this Court necessary to remand the 
said A.B.) 


42. 


lleoognimnce of Bail on ad^onmnient oflioaring, or where hearing is not at once 
proceeded with, or instead of renmnd on an adgoiirnment of pTcUminarg 
examination, or for surrender for triaL 

In Pier Britannic Majesty^s Consular Court at [Smyrna], 
[Thursday], the day of , 18 . 

We, A.B,, of [labourer], L.M,, of , [grocer], and 

N.O., of , [butcher], come personally before this Court, and 

severally acknowledge ourselves to owe to our Sovereign Lady the Queen the 
several sums following, namely, the said A.B., the sum of £ sterling, 

and the said L.M. and N. 0. the sum of £ sterling each, to be levied 

on our several goods, if the said A.B. fails in the condition hereon indorsed. 

A.B. 

L.M. 

N.O, 


Condition indorsed. 


(Seal.) 


The condition of the within- written recognisance is as follows : — 


The within-hounden A.B. has been charged before this Court for that 
[&c., as in summons] . 

If, therefore, the said A.B., appears*^' before this Court on [ ] , 

at [ o'clock], at [ ], to answer [further] to the said charge, 

and to be [further] dealt with according to law,'^ then the said recognisance 
shall be void, and otherwise shall remain in full force. 



cxx 


Appendix No. II.— Turkish. Arsibia—0ti07nan Order in Council 


[Where the recognisance is for surrender for trials substitute for the 
words between asterisks/ * the following : — 'j before [ ], on 

[ at [ o^clock]^ at [ and then and there 

surrender himself into the custody of the keeper of the [ ^ ] prison 

there^ and plead to such indictment as may be preferred against him for the 
offence aforesaid^ and take his trial thereon, and not depart from the Court 
without leave. 


43. 

Notice of BjCcognisancee to he given to Accused and each of his Sureties. 

In Her Eritannic Majesty^s Consular Court at \_S}ngrn(£\ . 

[Thiirsdaf], the day of , 18 . 

To A.B.^ of , [labourer], of [grocer], 

and N 0., of ‘ , [butcher] . 

You, A.B.) are bound in the sum of £ sterling, and .your sureties, 

L3Li and WO., in the sum of £ sterling each, that you, A.B.^ appear 

before* this Court on the day of ^ at [ o^clock], 

at [ ], to answer [further] to the charge made against you by C.B., and 

to be further dealt with according to law;* and unless you, A.B., do so, the 
recognisance entered into by you, A.B., and WO., will be forthwith 

levied on your respective goods. 

(Seal.) 

[Where the recognisance is for surrender for trial, substitute for the 
words between asterisks,* * words corresponding to the terms of the condi- 
tion.] 


44. 

Summary Conviction for a penalty to he levied hy Distress, and in default of a 
sufficient Distress, Imgmsonment ; or for a Penalty, and m defatdt of Pay^ 
ment, Imgmsonment. 

In Her Britannic Majesty^s Consular Court at ISmyrna.'] 

\Thursday'\,^o day of ^18 . 

A.B,, of ' [labourer], is this day convicted before this 

Court for that [&c., state the offence and time and ffiace when and where com-- 
mitted,’] 

And this Court adjudges the said A,B. for his said offence to forfeit and 
pay the sum of £ ^ sterling [state the penalty and also the compensa- 
tion, if any,] to be paid and applied according to , and also to pay 

to the said C.D. the sum of £ sterling for his costs in this behalf. 

And if the said sums be not paid forthwith [or on or before 
next]^ then* this Court orders that the same be levied by distress and sale of 
the goods of the said A.B, 


Appendix IsTo. !!• — Turkish Arabia — Ottoman Order in Coimclh 


cxxi 


And in default of sufficient distress^"^ this Court adjudges the said A.JS^, 
to be imprisoned in [Her Britannic Majesty^s Consular] Prison at [ ]> 

[there to be kept to hard labour] for the space of [ ], unless 

the said sums and all costs and chargesf of the said distress [andf of the 
commitment and conveyance of the said A,B. to the said prison] be sooner" 
paid. 

(Seal.) 

[Where the issuing of a distress-warrant would be ruinous to the person 
convicted and his family^ or, it appears that he has no goods whereon a distress 
could be levied, then substitute for the words betTVeen the asterisks'^*^ the 
following : — ] inasmuch as it has now been made to appear to this Court that 
the issuing of a warrant of distress would be ruinous to the said A,B, and his 
family [or that the said A,J3, has no goods whereon the said sums can be levied 
by distress]. 

[Where the conviction is for a penalty, and in default of payment, impri- 
sonment, omit the words between the asterisks, and also the words between 
the marbstt] . 


45. 


tFarrant of DUkess Oonvidion^ as that tasi-m^Mionei, or idhcre the Persoii 
convicted is to pay Costs but no Penalty, 

In Her Britannic Majesty^s Consular Court at [Smyrna ^ . 

[Thursday'], the day of , 18 . 

To XZ, Police Officer of this Court. 

A,B., of , [labourer], stands convicted before this 

Court by a conviction dated the day of , for that [^^\, as 

in a conviction '] . 

And it is in and by the said conviction adjudged that the said A,B, 
should,”^ for his said offieuce, forfeit and pay [^c,, as in convictmi], and should 
also* pay to the said C,I), the sum of £ sterling for his costs in that 

behalf. 

And that if the same should not be paid forthwith [or oil or before 
the day of ] , the same should be levied by distress and 

sale of the goods of the said A.B, 

And the said A,B., although required to pay the same according to the 
said conviction, has not paid the same. 

Therefore you are hereby commanded, iti Her Majesty^s name, that you 
forthwith make distress of the goods of the said A.B., and if within the 
space of days next after the making of such distress, the said sums,f 

together with the reasonable charges of the making and keeping of the said 
distress be not paid, then that you sell the said goods by you distrained, and 
pay the money arising thereby into this Court, in order that it may be 
Yii q 



cxxii Appendix ITo, II.— Turkish Arabia— Order in Council, 


applied according to law, and that the overplus, if any, may he rendered on 
demand to the said jLB,^ and that if no such distress can be found, then you 
certify the same to this Court in order that further proceedings may be had 
according to law. 

(Seal) 

[Where the person convicted is to pay costs, but no penalty, omit the 
words between asterisks'^'*, and for the word ^^sums” marked read ^‘^sum/[| 


46. 

If arrant {on a Conviction for a Penallf for Conimitmenf of the Person coU’^ 
victed m the first instance witliont jprevioics If arrant of Distress. 

In Her Britannic Majest/s Consular Court at \_Smyrna'\. 

[Thursdaf\, the day of , 18 . 

To X.Y.j Police Officer of this Court, and to the keeper of [ ] 

prison at [ ]. 

A.B., of , [labourer], stands convicted before this Court by 

a conviction dated the day of , for that [^t., as in C07i'- 

victio7i] . 

And it is in and by the said conviction adjudged that the said A,B. 
should, for his said offence, forfeit and pay [§’*{?., as in co7iviciion~\y and 
should also pay to the said CD, the sum of £ sterling for his costs 

in that behalf. 

And that if the said sums should not be paid forthwith [or on or before • 
the day of ], the said A.B. should be imprisoned in the 

above-mentioned prison [and be there kept to hard labour], unless the same 
[and the costs and charges of the conveying of the said A,B. to the said 
prison] should be sooner paid. 

And the said A.B,, being required to j)ay the said sums according to the 
said conviction has not done so. 

Therefore you are hereby commanded, in Her Majesty^s name, you, the 
above-named XT’., to take the said ^.j^, and convey him to the said prison 
and there deliver him to the keeper thereof, together with this warrant ; and 
you, the said keeper of the said prison, to receive the said A.B, into your 
custody in the said prison, and there to imprison him [and keep him to hard 
labour] for the space of [ ], unless the said several sums [and the costs 

and charges of the conveying of him to the said prison, amounting to the 
further sum of £ ] be sooner paid. 



Appendix ISTo. II.— Turkish. Ottoman Order in ComiciL cxxiii 


47. 

Officer^ s Retimiji if no sufficient Disto'essj to he indorsed; on the W zrrant* 

In Her Britannic Majesty^s Consular Court at [^Sm^rnd]. 

[Tlnirsdaf], the day of 13 . 

I, XT’., of •, Police Officer of this Courts do hereby certify 

to this Court that^ by virtue of the mthin- written warranty, I have made 
diligent search for the goods of the within-named A,B., and that I can find 
no sufficient goods of the said whereon the sums within-mentioned can 

be levied. 

x.r. 


48. 

Warrant of Comniitment for Want of Distress, 

In Her Britannic Majesty^s Consular Court at [Smyrna^ , 

[Thursday], day of ,18 . 

To X.X, Police Officer of this Court, and to the kee 2 )er of [ . ] 

prison at [ ]. 

[Proceed as in warrant of distress (Form 5^) down to the commencement 
of the commanding part, and then thus : — ] 

And on the day of , 18 , this Court issued a warrant 

to you, the above-named X.Z., commanding you to levy the said sum of 
£ , and £ , [or the said sum of £ 

for costs] by distress and sale of the goods of the said A.B, 

And it now appears to this Court, as well by tbe return of you, the said 
XX., to the said warrant as otherwise, that you have made diligent search for 
the goods of the said A.B., but that no sufficient, distress whereon the said 
sum could be levied could be found. 

Therefore you are hereby commanded in Her Majesty^s name, you the 
said XX., to take the said A.B,, and' convey him safely to the above-mentioned 
prison, and there deliver him to the keeper thereof, together with this warrant, 
and you the said keeper of the said prison, to receive the said A.B, into your 
custody in the said prison, and there to imprison him [and beep him to hard 
labour for the space of [ . ] unless the said sums [or sum] and 

all the costs and charges of the said distress [and of the commitment and 
* conveyiug to the said prison of the said A.B.] amounting to the farther sum 
of £ be sooner paid. 


(Seal.) 



oxxiv Appendix !N’o, II. — Turkish. Arabia — Ottoman Order in Comoil. 


49. 

Summary Conviction ivliere the Punishment is Imprisonment anA no Penalty, 

In Her Britannic Majesty^s Consular Court at [^Smyrna ] . 

[Thursday']^ the day of 18 . 

A.P.:,oi [labourer]^ is this day convicted before this 

Court for that state the offence a^id the tim'b and place when and where 
€ 07 nmittel ] . 

And this Court adjudges the said A.B.^ for his said offence to he im- 
prisoned in [Her Majesty^s Consular] prison at [ ] there to be 

kept to hard labour for the space of [ ] . 

And this Court also adjudges the said A.B. to pay to the said O.P. the 
sum of £ sterling for his costs in this behalf. 

And if the same be not paid forthwith [or on or before 
nest] then * this Court orders that the same be levied by distress and sale of 
the ffoods of the said A.B. 

And in default of sufficient distress^ the Court adjudges the said A.B. to 
be imprisoned in the said prison [to be thei'e kept to hard labour] for the 
space of [ ] to commence at and from the termination of 

his imprisonment aforesaid^ unless the said sum for costs be sooner paid. 

(Seal.) 

[Where the issuing of a distress warrant would be ruinous to the person 
convicted and his family^ or it appears that he has no goods whereon a distress 
could be levied^ then substitute for the words between the asterisks'^ the 
following : — ] 

Inasmuch as it has now been made to appear to this Court that the issuing 
of a warrant of distress in this behalf would be ruinous to the said A.B. and 
his family [or that the said A.B. has no goods whereon the said sum could be 
levied by distress.] 


50 . 

Warrant of Commitme^it on a Conviction as that last ^nentioned. 
In Her Britannic Majesty^s Consular Court at [Smyrna^. 

[Thursday"], tbe day^of 18 . 

To X.Y., Police Officer of this Courts and to tbe keeper of [ 

- • - ]. 


[labourer]^ stands convicted before this 
day of ^ for that [^'c., as 


] prison at [ 

A.B., of 

Court by a conviction dated tbe 
in eonvicimi.] 

And it is in and by tbe said conviction adjudged tliat tbe said A.B., for 
bis said offence; should be imprisoned in the [ . ] prison at 

[ ]; be kept to hard labour for tbe space of 



Appendix IsTo. II,— Turkisll AroUbiSL—Ottomayi Order in Council. CXXV 


Therefore you are hereby commanded, in Her Majesty^s name, you, the 
above-named X J*., to take the said A.B.^ and convey him to the said prison, 
and there deliver him to the keeper thereof, together with this warrant ; and 
you, the said keeper of the said prison, to receive the said A.B. into your 
custody in the said prison, and there to imprison him [and keep him to hard 
labour] for the space of [ ] . 

(Seal.) 


51. 

Oo'der of dismusal of Charge, 

In Her Britannic Majesty^s Consular Court of \_Bmyrna\ , 

\Thihredaf\^ the day of 18 . 

A.B, of , [labourer] was on day of 

, charged before this Court for that aB in mmmons or 

warrant ] . 

And now both the said parties appear before this Court in order that it 
may hear and determine the said charge [or the said A.B, appears before this 
Court, but the said C,I)., although duly called, does not appear]. 

Whereupon, the matter of the said charge being by this Court duly 
considered,'^ it manifestly appears to this Court that the said charge is not 
proved, and"^ this Court dismisses the same. 

And adjudges that the said C.D, do pay to the said A.B, the sum of 
£ sterling for his costs in this behalf, and if the same be not paid 

forthwith [or on or before ] this Court orders that the same 

be levied by distress and sale of the goods of the said C.i)., and in default 
of sufficient distress, this Court adjudges the said C.B. to be imprisoned in 
[ ] prison at [‘ ], [and there be kept to hard 

labour] , unless the same sum and all costs and charges of the said distress 
[and of the commitment and conveying to the said prison of the said C.2).] 
be sooner paid. 

(Seal.) 

[Where the person making the charge does not appear at the hearing 
the words between asterisks*^ may be omitted.] 


52. 

Ceriificaie of Bimissal of Charge to le given to Accused, 

In Her Britannic Majesty's Consular Court at [Smyrna.] 

[Thursday], the day of , 18 , 

This is to certify that a charge made on the [ ] day of 

[ ], by C.B., of ^ [labourer], against A.B., of 

, [labourer], for that [^"c., as in summons or warrant] is 
now considered by this Court, and is by this Court dismissed [with costs.] 

(Seal.) 



cxxvi Appendix TTo. II.—Turkisli Axobidi,— Ottoman Order in ConnciL 


53. 

Warra?it of Distress for Costs to he jmid hj the Person maJcing the Charge^ on 
an Order for Dismissal of the Charge, 

In Her Britannic Majesty’s Consular Court at \8myrnd\, 

[Thirsdaf]^ the day of , 18 . 

To X,Y,j Police Officer of this Court. 

A.B.j of 5 [labourer] , was on the day of 18 , 

charged before this Court for that \_^e.y as in smimons or warrant ] . 

xlnd after wardSj namely^ on the day of 18 ^ both 

parties appeared before this Court in order that it should hear and determine 
the said charge [or the said A,B. appeared before this Courts but the said C,D.y 
although duly called, did not appear] , and thereupon the matter of the said 
charge being duly considered by this Court,'^ and it manifestly appearing to this 
Court that the said charge was not proved,"^ this Court did dismiss the same, 
and adjudged that the said C.D. should pay to the said A.B, the sum of 
& sterling, for his costs in that behalf, and that if the said sum should 

not be paid forthwith [or on or before ] , then the same should 

be levied by distress and sale of the goods of the said C.D, 

And the said C,D,y although required to pay the same according to the said 
order, has not paid the same. 

Therefore you are hereby commanded — 

[Proceed as in tbe commanding part of the Form of warrant of distress 
upon conviction where the person convicted is to pay costs, but not penalty, 
only substituting the name of (7._Z)., the prosecutor, for the name of the 

accused, and for the word sums ” at the markf read sum.”] 

(Seal.) 


JFarrant of Commitmejit far Want of Distress in the last Case, 

In Her Britannic Majesty’s Consular Court at [Smyrna], 

[Thtmday]fih.Q day of 18 . 

To X. F., Police Officer of this Court, and to the Keeper of [ ] 

prison at [ ]. 

[Proceed as in last Form down to the commencement of the commanding 
part, and then thus : — ] 

And on the day of IS , this Court issued a warrant 

to you, the above-named XF. [proceed as in Form 54, only substituting' the 
name of C,D,^ the prosecutor, for the name of AD. the accused]. 


(Seal.) 



Appendix No. II.—Turkish Axoibrn^Ottoman Order U Council. cxxvii 


S5. 

Depositions of Witnesses or Dreliminmy Exammcitiooi Iqfore Indictment. 

In Her Britannic Majesty^s Consular Court at \_8my7*na]. 

[TIi'ursday\, thQ day o£ 18 . 

A.B., of ^ [labourer], stands charged before this Court for 

that he [Sfc,^ as in Simmons '] . 

And in the presence and hearing of the said A,B.^ C.D.^ of 
[labourer] and E.F., of [labourer] depose on oath as follows. 

First, the said 6^.Z>., says as follow^s: — [state the deposition of the 
witness as nearly as possible in the very words he uses. When his deposition 
is complete let him sign it.] 

Secondly, the said says as follows [state his deposition in same 
manner]. 

(Seal.) 


56. 

Statement of the Acctcsed on Preliminary Examination. 

In Her Britannic Majesty^s Consular Court at {Smyrna]. 

{TImTsday]j\h.Q day of IS . 

A.B., of^ , [labourer] stands charged before this Court for 

that {^c., as in swmno^is ] . 

And the said charge having been read to the said A.B, and C.D. and 
E.P., witnesses for the prosecution, having been severally examined in his 
presence and hearing, and their respective depositions having been read over 
to the said A.B,, these words are now said to the said 2LB. by this Court, 
namely — 

Having heard the evidence, do you wish to say anything in answer to 
the charge? You need not say anything unless you wash. You have notlhno' 
to hope from any promise of favour, and nothing to fear from any threat held 
out to you to induce you to make any admission or confession. Whatever 
you say will be written down, and may be given in evidence against you. 

Whereupon the said A.B. says as follows 

[state whatever the accused says, and as nearly as possible in the very words 
he uses. Get him to sign the statement if he will.] 

A.B. 


(Seal.) 



cxxviii Appendix No. II.—Turkisll Arabia — OUomaoi Order in Council 


57. 

HecogniBance to 'prosecute or giDe evidence. 

In Her Britannic Majesty^s Consular Court at [_S7nii/Tna\. 

\Thnrsdaf\j tlie day of 18 . 

C.B,^ of , [labourer] comes personally before this 

Court, and acknowledges himself to owe to Our Sovereign Lady the Oueen 
the sum of £ sterling to be levied on his goods if he fails in the 

condition herein indorsed. 

(Sd.) CID. 

(Seal.) 

Condition indorsed. 

The condition of the within-written recognisance is as follows i — 

of ^ , [labourer], has been charged before this Court for 

that [^c., as in summonsT^ 

If, therefore, the within-named C.D. appears before this Court on 
[ ^ J at [ ],'^ and then and there prefers an indictment against 

the said A.B. for the said offence, and duly prosecutes the same [and.give 
evidence thereon],* then the said recognisance shall be void, and otherwise 
shall remain in full force. 

[Where the recognisance is only to give evidence, substitute for the 
words between the asterisks** the following:] and then and there give 
evidence on an indictment, to be then and there preferred against the said 
A.B. for the said offence. 


58. 

Notice of Recognisance to le given to Prosecutor and each of Us Witnesses. 

In Her Britannic Majesty's Consular Court at \8myrna\. 

[Tliursdaf], the day of , 18 , 

To C.B.y of , [labourer]. 

You are bound in the sum of£ sterling to appear before- 

tbis Court on _[ ]. at [ ], and then and there to 

piosecute and give evidence against [or to prosecute or to give evidence againstl 
- + n > [labourer] and unless you do so, the recognisance 

entered into by you will be forthwith levied on your goods. 


(Seal.) 



Appendix ISTo, ll. — Turkisll Ottoman Order in Coxmcil, 


exxix 


59. 

Commitment of witness for refusing to enter into Recognisance. 

In Her Britannic Majesty’s Consular Court at \Smgrnd]. 

\Tlmfsday\^ tlie day of ^ 18 . 

To X,Y.^ Police Officer of this Courts and to the keeper of [Her Bri- 
tannic Majesty^s Consular] prison at [ ] . 

A.B.y of 3 [labourer];, has been charged before this Court 

for that \_^c,^ as in summons^ 

And R.F.y of , [labourer]^ having been now examined 

before this Court concerning the said charge, and being required, refuses to 
enter into a recognisance to give evidence against the said A.B. 

Therefore you are hereby commanded, in Her Majesty^s name, you, the 
above-named X JT., to take the said X.jP., and convey him safely to the above- 
named prison, and there deliver him to the keeper thereof, together with this 
warrant. 

And you, the keeper of the said prison, to receive the said B.B. into your 
custody in the said prison, and to keep him there safely until after the trial 
of the said A,B. for the said .offence, unless the said I1,P. in the meantime 
consents to enter into such recognisance as aforesaid, 

(Seal.) 


60. 

Warrant of Commitment of Accused for Trial. 

In Her Britannic Majesty’s Consular Court at [Smgrndi]. 

{Thursday], the day of , 18 . 

X,F., Police Officer of this Court, and to the keeper of [Her Britannic 
Majesty’s Consular] prison at [ ]. 

A,B. stands charged before this Court on the oath of C.i)., of 
[labourer], and others for that [^"c., as in su7}imons.'] 

Therefore you are hereby commanded in Her Majesty’s name, you, the 
above-mentioned X.X., to convey the said A.B. to the above-mentioned prison 
and there to deliver him to the keeper thereof, together with this warrant, 
and you the said keeper of the said prison to receive the said A.B. into your 
custody in the said prison, and there safely keep him till he shall be thence 
delivered by due course ©f law. 


VII 


(Seal.) 





cxxx 


Appendix No. II.— Turkish Arabia — OHer in Coimcil, 


•^THE THIRD SCHEDULE. 

Eees. 

S&i'mee. 

Por service of summons, petition, answer, motion-paper, notice, wan-ant, 
decree, order, or other document on a party, witness, juror, assessor, 
or other person under any branch whatever of the civil jurisdiction — 

Within one mile (English) of Court 
Beyond, for every further complete mile ... 

. Decision of Questions loithout formal Suit, 

On summons for issue or special ease ... ... ... ... 100 

On issue or special case ... ... ... ... ... 0 10 0 

On hearing ... ... ... ... ... 10 0 

Summary Troeedtire for Administration of Tro^erty of Deceased Dersons, 

On summons... ... ... ... ... ... 10 0 

On order ... ... ... ... ... ... 10 0 


£. s, d, 

0 2 6 
0 10 


Summary Orders "before Suit, 

On application for order ... ... ... ... 0 10 0 

On recognisance ... ... ... ... ... 0 10 0 

On order ... ... ... ... ... 0 5 0 

Danhru/ptey and Liquidation by Arrangement or Com^yosition, 

On declaration by a debtor of inability to pay his debts ... ... 050 

On debtor s summons ... ... ... ... 0 5 0 

On bankruptcy petition ... ... ... ,,, 5 0 0 

On petition for arrangement or composition ... ... ... 100 

Onr order for adjudication ... ... 100 

On meeting or adjournment of meeting ... ... ... 100 

i per cent, on the 
gross amount of the 

On special resolution presented to the Eegistrar for registration i assets not exceed- 

ing a total fee of 

1,200^. 

f :f per cent, on tho 
gross amount of 
composition, not 
exceeding a total 
fee of 200Z. 


On order of discharge ... ... ... 2 0 0 

On notice to creditors, each ... 003 

On preparing advertisement ... ... ,,, 0’ ^ 0 

On execution of warrant ... ... ... ^ ^ 100 

On keeping possession, per diem ... ... ... 0 10-0 

On inventory, per diem ... ... 10 0 


^ Order in Council, dated 26th October 1875, this Schedule was substituted for that 

published in the original Order. It came into force from 31st December 1875. 



Appendix IsTo. II.— Turkisll AxdibiB,— Ottoman Order in Council. exxxi 


Maritime Cases and Vice-Admiralty Causes. 

On application for commission of suryey 
On appointment of commission 


£ s. d. 

10 0 
10 0 


To each surveyor — 

(a.J At Constantinople — 

For a vessel in the port, extending from the second bridge (imme- 
diately below the arsenal) to Tophane on the one side, and 
Seraglio Point on the other ... ... ... 110 

For a vessel in the upper harbour, extending from the second 

bridge upwards towards Haskioi ; or between Tophane and 
Bnjukdere on the one side, and Kadakioi and Beicos on the 
other ... ... ... ... ... 2 2 0 

For a vessel between Bujukdere on the one side, and Beicos on 
the other, and the Black Sea entrance of the Bosphorus ; or 
between the Seven Towers and St. Stefano (inclusive), or 
Kadakioi and Prince’s Island' (inclusive) ... ... 3 3 0 

For a vessel be}/ond these limits, when the time occupied exceeds f Such sum 
one day ... ... ... ... ( Court directs. 


(h.j At a Provincial Consulate — 

For a vessel within two miles (English) of the Court ... 110 


For a vessel beyond that distance 

For extension of report of survey and copies 
On petition for appointment of adjusters 

To each adjuster 


^ Such sum as the 
Court, with the ap- 
proval of the Su- 
preme Consular 
^ Court, directs. 


1 10 0 
10 0 


Such sum as the 
Court directs, not 
less than IZ., and 
not more than 20h 


On extending average bond 


The like. 


To agent of owner of cargo ... ... ... | 

On every notice, motion, application, or demand ... 

On a reference to the Kegistrar ... ... ... ^ . . . 

If the attendance of one or two merchants is req_uired, to each merchant, 
per diem 


1 |)Gr cent, on 
value of cargo, 

0 10 0 
5 5 0 

7 7 0 


In cases of great intricacy and large amount — 

To the Registrar and to each merchant, per ^em ... ... 10 10 0 

On drawing the Report and Schedule * ... ... ... 100 

If at the hearing the attendance of one or two naval assessors is required, 

to each assessor, per diem, such sum as the Court directs, not exceeding 5 5 0 


JProhate and Administration. 

On application for probate or administration 

On oath of every executor and administrator, and surety 

On every security 


10 0 
0 10 0 
10 0 



cxxxii Appendix "No, II.— Turkish. ATSibm—OUoman Order in CotmcU, 


Frohate and Administration. — Continued. 


On probate or letters of administration with will annexed 


On letters of administration without will annexed 


Where the Goud appoints as administrator an officer of the Court 


On filing account 
On passing account 


^ The like sum as 
is for the time being 
payable in England 
for stamp duty in 
like casesj not ex- 
ceeding a total fee 
Lof 100^. 

^ The like sum as 
is for the time 
being payable in 
England for stamp 
duty in like cases, 
not exceeding a 
total fee of 150^. 

In addition to the 
foregoing, one per 
cent, on the value of 
the estate and elFects 
not exceeding (with 
the foregoing) a 
total fee of 200^. 

£> s, d. 

0 10 0 

10 0 


Ordinary Suits, 

In every^ suit of any kind whatever, other than such as are before 
specified — 


Ou Summons or Petition. On Hearing’. 


Where amount involved is — , 

Under lOZ. 

10^. and under 20^. 

20^. and under 501, 

50Z. or upwards 


£ s. d. 

0 2 6 

0 2 6 

0 7 6 


per cent, on amount 
involved, not exceed- 
ing a total fee of 251, 

Where judicial relief or assistance is sought, hut not 

the recovery of money ... ... 100 

On every summons, motion, application, or demand taken out, made, or 
filed (not particularly charged) ... r. , 

On every rule ... ... ... ... * ” 

On every decree or order (not particularly charged) ... .']* 

Oif motion for new trial after trial with a jury ... .*]] 

Ou order for adjournment of hearing rendered necessary by defiiult of 
either party (to he p>aicl by that party) 

On every warrant of execution against goods (Eule 120)— 

For less than 50^. 

For 501. or upwards ... 

For keeping possession, per diem ... 


£ s. d, 

0 2 6 
0 5 0 
0 10 0 
J per cent, on 
amount involved, 
not exceeding a 
total fee of 251, 

10 0 

0 5 0 
0 10 0 

0 2 G 

1 0 0 

0 7 6 


0 5 0 

1 0 0 
0 10 0 


Appendix ISTo. II.— Turkish. Ottoman Order in Counoil, exxxiii 


Appeal to Su]preme Consular Court, 


£ s, d. 


On motion for leaTe to appeal 
On every security 
On order for leave to appeal 


0 10 0 
0 10 0 
10 0 


Oa Petition or Motion. 
£ s. d. 

On appeal against adjudication of banlmiptcy ... 5 0 0 

On appeal against allowance, suspension, or refusal 

of order of discharge in bankruptcy ... 500 

On appeal where judicial relief or assistance is 

sought, hut not the recovery of money ... 200 


On Hearing. 
£ s. d. 
2 0 0 

2 0 0 

2 0 0 


On any appeal other than such as are before 
specified ... 


per cent, on amount per cent, on 

involved, not exceed- amount involved, 
ing a total fee of not exceeding a to- 
25/. tal fee of 261 


A^ypeal to Her Majesty m Council, 

On motion for leave to appeal 
On every security 
On order for leave to appeal 

On record of appeal (including expense of transmission) 


2 0 0 
2 0 0 
5 0 0 

I Such sum as the 
( Court directs. 


Miscellcmeous, 


£ s, d. 


On taxation of any bill of costs, for every ten folios, from each party to 

the taxation • ... ... ... ... 050 

On every deposition taken before trial ... ... ... 0 10 0 


On deposit of money other than money x)aid into Court in a suit 

On deposit or registration of bill of sale, will, deed of partnership, 
other document 
On notice of bill of sale filed 
For taking inventory, per diem 
For protest of a bill of exchange, and copy 
For noting same 
For taking an afiPidavit ... 

F or every exhibit ... ... . . . • 


I 2J per cent, on 
( amount. 


10 0 
10 0 
10 0 
10 0 
0 5 0 
0 5 0 
0 2 0 


For drawing a will 

For filiQg any document whatever 
For certifying signature or seal 
For attendance at a sale — 

Where the purchase money is under 100/. 


Such sum as the 
Court directs. 

0 5 0 
0 2 0 

1 10 0 


Where 100/. or upwards ... ... ... • | 

On reference to the archives 

For certified copy of document in the archives — 

For first lO’O words ... 

For every further 100 words 

For preparing contracts between travellers and Dragomans or otlier 
persons 


2 per cent, on 
amount. 

0 2 6 

0 2 6 
0 10 

0 10 0 



exxxiv Appendix ITo, II.— Turkisll Arabia— Order in Council 


Miscellaneous. — CoEtioued. s. d. 

For certified copy of siicli documents — 

For first 100 words ... ... ... ... ... 0 2 6 

For every further 100 words ... ... ... ... 010 

For an official certified translation of any document — 

For first 200 words ... ... ... ... ... 0 10 0 

For every farther 200 words ... ... ... ... * 0 5 0 

For communication between two Consular Courts ... ... 0 10 0 

For communication in writing to a foreign Consulate, or through Drago- 
man, to local Ottoman authority ... ... ... 0 10 0 

For application for Yizirial letter ... ... ... ... 0 10 0 

For despatch to accompany same ... ... ... ... 0 10 0 

For attendance of Dragoman or other Consular officer at Ottoman office 
or tribunal — 

Where amount involved is — 

Under 250^ ... 0 10 0 

• 2o0^. and under 500^. ... ... ... ... 10 0 

500^. and under 1,000^. ' ... ... ... ... 200 

f 'l per cent, on 
amount involved, 
not exceeding a 
total fee of 

. ^ ( Such sum as tlic 

lor attendance of Dragoman or interpreter at Consular Court if j Court directs, not 
req,uiredby apai-ty in asuit ... ... ... 1 exceeding U. per 

( diem. 

Criminal Matters, £ 4 ?. d. 


On every summons or warrant, unless specially directed by the Court to he 


issued ^ ... ... ... ... ,,, 0 2 0 

On hearing in summary case ... ... ,,, ... 026 

On warrant of commitment ... ... ... ... 016 

On recognizance ... ... ...* 0 10 

For service of notice on each juror or assessor ... ... ... 026 

On trial with a jury ... ... ... ... 0 10 0 

On record of sentence on a trial with a jury ... ... ... 0 10 0 




PERSIAN GULP. 

APPENDIX No. III.— 33. 


TejlI7slatei> purport of an Oeder from His Royal Highis^ess Tamasp Mirza Moated- 
ed-Dowlah, dated Shaban 1272 h., a.d. 1855. 

By order and permission of tlie ministers of tLe exalted government of 
Persia and on the following conditions, we entrust the government of Bunder 
Abbas, the Islands of Kishm and Hormuz, and the districts of Ossein, 
Tazyan, Shemie, Minah, Khameer, and Biyahan, and all their dependencies 
that are all the very territories of the exalted government, to His Highness 
Syud Saeed Khan, the Imam of Muscat and Oman. His Highness should 
act adcording to these conditions and not avoid any of them : — 


Article 1. 

That the Chief of Bunder Abbas should be a dependent of the Persian 
government, and give a writing to that effect to the ministers of that 
government, and, like all other Chiefs in Ears, must obey the Governor 
General of Ears. 

Article 2. 


That His Highness should remit with a confidential man of his, in four 
instalments, the annual sum, as herein detailed, of sixteen thousand Toman's 
on account of the revenue, peshkush, and present for Bunder Abbas, getting 
a receipt for the same from the Governor General of Ears. 


Total 16,000 Tomans 


1 Revenue ... 

Peshkush for Prime Minister 

Ditto for Governor General of Ears 
Present for Shoja-el-Moolk 


12,500 Tomans. 

2.000 ditto. 

1.000 ditto. 
,500 ditto. 


Article 3. 

That His Highness should cause the ditch that is now being dug around 
the fort of Bunder Abhas, to be filled in, and it should never be re-dug again. 


Article 4. 

That until twenty years the Imam of Muscat and his son will have the 
right of the government of Bunder Abbas, and after the expiration of twenty 
years, they will have to repair the place and make it over to tlie Persian 
government. Should the ministers of the exalted government then again 
wish to grant the government of Bunder Abbas to the Imam and his sons, 
they will, through friendship, do so under a new Eirman and instructions, 
otherwise they can occupy the place and depute another Chief there. 


Article 5. 

That they should always fly the Persian flag at Bunder Abbas, and there 
will always be a few Persians there to take care of the flag. A Taskarachee 



cxxxvi 


Appendix No. III.— Persian Qvlt--Bwider Allas Lease. 


also will be appointed and sent to remain permanently at Bunder Abbas. 
Every respect due to tlie Persian flag should be brought into effect. There 
will be a monthly courier sent to Bunder Abbas to take newspapers and to 
look after the flag and its attendants. On all festivals and on the anniversary 
of the Shah^s birthday a salute should be fired. The usual morning and 
evening guns will also be fired. 


Article 6. 

The Chief of Bunder Abbas should in no respect annoy or oppress the 
subjects and inhabitants of that place who have for some years past served 
the Persian government^ but on the contrary he must take great care of 
them. 

Article 7. 

The Chief of Bunder Abbas should not interfere with any other places 
than those that have been since the time of the late Path Ali Shah and are 
at present under his authority. 


Article 8. 

Should at any time the Governor General of Pars or Governor of 
Laristan desire to go for recreation or sport to Bunder Abbas^ the Chief; 
like other Chiefs^ should pay the necessary respect of receiving and every 
due attention. 

Article 9. 

In the event of the Governor General of Pars or Governor of Kerman 
requiring; in certain emergent cases, to send troops to Cutch; Mekrau, or 
Beloochistan, the Chief of Bunder Abbas, like those of other places, should 
not fail in attending to his wants, giving provisions and guides, payii}<y the 
necessary respect on their departure, and doing all like services. ^ 

Article 10. 

In case the Governor General of Pars finding any fault in tlic Chief 
of Bunder Abbas, the Imam immediately, on its being brought to his notice, 
should, without any excuse, discharge the Chief and depute anotlicr whoni 
he may deem fit, and who would be obedient to the Governor General of 
Pars. 

Article 11. 

Should any of the subjects of Laristan, Sabaa, and other districts of 
Pa-rs, or of any of the districts of Kerman, emigrate to Bunder A])bas, on 
notice being given by the Chief of such district, the Chief of Bunder Abbas 
should return them to their places. 

Article 12. 

These conditions have been made with the present living Imam Syud 
Saeed Khan and his sons. But should at any time an usurper get into 
possession of Muscat, the ministers of the Persian government will not be 
bound to any of these conditions. 



Appendix ISTo. III.— Persian GrXilf— Bunder Allas Lease. 


CXXXVll 


Article 13. 

As long- as Bunder Abbas^ the above-mentioned two Islands, Sliernil, 
Minab, and their dependencies are in the hands of the Imam cf Muscat, he 
should not allow any officers of foreig^n governments to go there. He should 
also promise to protect those places by land and sea, providing for every port 
having an anchorage some ships, bughlas, and other vessels of war. He 
should further promise to protect all the boundaries of the above mentioned 
places from all interference and intrusion of strangers, whether in an amicable 
or hostile manner. He should not at any time allow any ship, bughla, or 
other vessels of war, or any hostile person armed or otherwise, Arab or foreign, 
to approach or get a footing at Bunder Abbas or the Persian territory with 
hostile intentions or other pretexts. 

Article 14. 

The Imam of Muscat, notwithstanding these conditions, has not the right 
of letting Bunder Abbas and the above said places to any foreigner or others. 
He can only himself hold them, appointing one of his relatives for the 
management thereof, who would act in accordance with these conditions. 


Article 15. 

It is reported by Persian merchants that formerly an Indian, the Con- 
tractor of Customs at Muscat, has deputed an Agent at Bunder Abbas, and 
there received the Muscat duty for goods sent from Bunder Abbas to India 
and other places, whereas no such rules exist in any country as charging the 
duty of one place, where the goods are not being sent, in another. As this 
proceeding is against rules and customs, the Imam should prevent the 
occurrence thereof hereafter, and should only levy such export and import 
duty as the late Sheikh Saif used to do, and no more. 

Article Id. 

The merchandize detained on the Island of Kishm should be brought to 
Bunder Abbas and distributed to their respective consigners there through 
Hajee Abd-el Mahomed, the Melek-cl Toojjar of Bushire, and their receipts 
taken and sent to Tehran. 


Translation of the Articles of Agreement for the release of Bunder Abbass, entered 
into, seale(1 and signed hy Hajee Ahmed, Vizier, on the part of His Highness Syud 
Salim, Sultan of Muscat, with His Majesty the Shah of Persia, dated 15th Eabce- 
oos-sanee Hijree 1285 (4th August 1868). 

According to the order and permission of His Majesty the Shah of 
Persia, the Government of Bunder Abbass, the islands of Kishm and Hormuz, 
vii 


s 



exxxviii Appendix Ko. III.— Persian Gulf—jBtmder Allas Lease, 


the districts of Ynseen^ Tazian^ Sbumeelj Miuab^ and Biyaban^ and the port 
of Khumeer and all their* dependencies have been made over to the charge of 
His Highness Syud Salim^ the Imam of Muscat^ and the country of Oman to 
be held under the following 15 conditions : — 

1,?/^. — That the Chief of Bander Abbass should be a dependant of the 
Persian Government^ and^ like all other Chiefs in Fars^ must obey the Governor- 
General of Fars, and he should give a writing to the effect that he is hence- 
forth a subject of the Persian Government. 

^ndj , — He (His Highness the Imam of Muscat) should remit; in four . 
instalments; the sum of thirty thousand Tomans annually to Teheran or ShiraZ; 
and obtain receipts for them. 

'6rd , — The ditch which is now being dug around the fort of Bunder 
Abbass should be filled iii; and it should never be redug. 

— tie and his heirs to hold the Government of Bunder Abbass for 
eight years. After this period he should give it back to the Persian Govern- 
ment; with all the improvements made to it. If His Majest}^ think it proper; 
he may give it to His Higlmess the Imam of Muscat and his descendants on 
renewed conditions; or may appoint another Chief to Bunder Abbass. 

Wi , — The flag of the Persian Government and the several persons in 
charge of it; as also the passport-writer; should always bo allowed to remain 
at the above named place. The Chief should honor the flag. The courier 
should be allowed to visit the place montlily to bring neNVspa].-)crS; and to see 
the flag of the (Persian) Government and the people in charge tlu'reof. A 
salute should be fired on the anniversaiy of the birth-day of His Majesty the 
Shah and on the occasion of all festivals. The usual morning and' evening 
gun should also be fired. 

6//^. — The former Chiefs and subjects of Bunder AbbasS; who have served 
His Majesty the Shah should in no way be molested; but; on the contrary; 
they should be taken great care of. 

ItJi . — The Chief of Bunder Abbass should not interfere with any other 
places than those which have been above mentioned; and of which the Gov- 
ernment of Muscat had charge during the time of the late Fateh Ali Shah. 

Ml . — Whenever the Governor-General of Fars or the Governor of 
Laristan may desire to go for recreation or sport to Bunder AbbasS; the Chief 
of the Bunder should show them every mark of respect and honoi; and should 
serve them as other Chiefs do. 

there be any necessity for the Governor-General of Fars or 
Ivirman to send any army towards Cutcb;, Mekran; and Beloocbistan; the 
Chief of Bunder Abbass should; like the Chiefs of other placeS; not fail in 
providing them with provisions and guides^, and in paying the necessary 
respect on their departure. 

If the Governor-General of Fars find any fault in the service 
rendered by the Chief of Bunder Abbass and apprize His Highness the Imam 



'Appendix l!To. III.— Persian Gulf— Allas Lease. 


cxxxix 


thereof, His Highness should immediately discharge the Chief and appoint 
another person in his place, who should be obedient to the Governor- General 
of Pars. 

11th . — If any of the subjects of Laristan, Suba, and other districts of 
Pars, or of any of the districts of Kirmau, run away and take refuge at 
Bunder Abbass, the Chief should, on. receiving information thereof from the 
Chiefs of those districts, return thftni to their native places, 

l%t7i. — These conditions have been entered into with the present living 
Imam of Muscat, His said Highness Syud Salim, and his descendants. If any 
conqueror takes possession of Oman and Muscat, the Persian Government 
will not be bound to any of these conditions in regard to that conqueror. 

Vdth . — As long as Bunder Abbass and the above named two islands, and 
Shumeel and Minab and their dependencies, are in the hands of the Imam of 
Muscat, he should not allow officers of other Governments to go there. ITis 
Highness should protect these places by sea and land, providing' for every port 
having an anchorage some ships, buglas, and other vessels of war. He should 
protect all the boundaries of the above named places from all intcrfei'ence and 
intrusion of strangers, whether under friendly pretext or otherwise. He 
should not, under any circumstances, allow any foreign ship, bugla, or man- 
of-war, the property of an Arab or Arabs, or of any foreign power, wbetber 
with or without ammunition, to anchor within the limits of the anchorage 
ground of the said territories. 

lltJi . — His Highness the Imam of Muscat, notwithstanding these condi- 
tions, has no right to let the said Bunder Abbass and the said places to any 
other Government, but His Highness should, according to these conditions, 
send one of his own people or servants to manage Bunder Ahbass and the 
aforesaid places, who must act according to the terms of these conditions. 

Ihth . — According to the statement of tlie Persian merchants, there w’-as 
formerly a Hindoo contractor of the customs at Muscat, who had deputed an 
Agent at Bunder Abbass, and there rceeived the Muscat duty for goods, be- 
longing to Persian subject, sent from Bunder Abbass to India and other 
places. This practice, to levy the duty of one place where the goods are 
not being sent in another^ is contrary to the rules of every nation or Govern- 
ment. His Highness should put a stop to it, and it should never be reverted 
to in future. The Imam should levy such duty on goods imported into 
Bunder Abbass either by land or by sea, as Shaik Syif used to do when he 
was alive, and no more. 



PERSIilN GULP. 

APPENDIX No. lY.—Fafje 46. 


ajicl 13, rictoTia, Gap. LXXXIV. 

An Act for carrying into effect Engagements between Her Majesty and certain Arabian Chiefs 
in the Persian Gulf for the more effectual suppression of the Slave-trade, dated 1st 
August 1819. 

Whereas on the thirtieth clay of April, in the year of our Lord one 
thousand eight hundred and forty-seven, an engagement was concluded 
between Major S. Hennell, the Resident in the Persian Gulf, on behalf 
of Her Majesty the Queen of the United Kingdom of Great Britain and 
Ireland, ancl Sultan Bin Sugger, Shaik of Ras-ool-Kheimah and Shargab in 
the Persian Gulf, the Chief of the Joasmee Arabs, whereby it was agreed as 
follows 

Shaik Sultan Bin Sugger, Chief of the Joasmee tribe, with a view 
to strengthen the bonds of friendship existing between me and the British 
Government, do hereby engage to prohibit the exportation of slaves from 
the coasts of Africa and elsewhere on board of ray vessels and those 
belonging to my subjects or dependents, such prohibition to take effect 
from the 1st day of Mohurrum a. h. 1264 (or 10th December a. d. 1S47). 

And I do further consent, that whenever the cruizers of the British 
Government fall in with any of my vessels, or those belonging to my subjects 
or dependents, suspected of being engaged in the slave-trade, they may detain 
and search them j and in case of their finding that any of the vessels aforesaid 
have violated this engagement, by the exportation of slaves from the coasts 
of Africa or elsewhere, upon any pretext whatsoever, they (the government 
cruizers) shall seize and confiscate the same.*’^ 

And whereas on the said thirtieth day of April one thousand eight 
hundred and forty-seven, an engagement was also concluded between Major 
S. Hennell, the Resident in the Persian Gulf, on behalf of Her Majesty 
the Queen of the United Kingdom of Great Britain and Ireland, and 
Muktoom Bin Buttye, Shaik of Debaye, whereby it was agreed as 
follows : — 

I, Muktoom Bin Buttye, Shaik of Debaye, wfith the view to strengthen 
the bonds of friendship existing between me and the British Government, do 
hereby engage to prohibit the exportation of slaves from the coasts of Africa 
and elsewhere on board of my vessels and those belonging to my subjects 
or dependents, such prohibition to take effect from the 1st day of Mohurrum 
A.H. 1264 (or lOth December a.d. 1847). 

And I do further consent, that whenever the cruizers of the British 
Government fall in with any of my vessels, or those belonging to my subjects 
or dependents, suspected of being engaged in the slave-trade, they may detain 
and search them ; and in case of their finding that any of the vessels aforesaid 
have violated this engagement, by the exportation of slaves from the coasts 



Appendix Wo. IV.— Persian G-nlf— Trade, 


cxli 


of Africa or elsewhere, iijDon any pretext whatsoever^ they (the government 
cruizers) shall seize and confiscate the same.’^*’ 

And wdiereas on the first day of May, in the said year one thousand 
eight hundred and forty-seven, an engagement w^as also concluded between 
the said Major S. Hennell, on behalf of Her Majesty, and Abdool Azeez Bin 
E-ashid, Shaik of Eginan, whereby it was agreed as follows : — 

Abdool Azeez Bin Rashid, Shaik of Eginan, with the view to 
strengthen the bonds of friendship existing between me and the British 
Government, do hereb}^ engage to prohibit the exportation of slaves from 
the coasts of Africa and elsewhere on board of my vessels and those belong- 
ing to my subjects or dependents, such prohibition to take effect from the 
1st day of Molmrrum, a.h. 1264 (or 10th December a.d. 1847). 

And I do further consent, that whenever the cruizers of the British 
Government fall in with any of my vessels, or those belonging to my subjects 
or dependents, suspected of being engaged in the slave-trade, they may detain 
and search tiiem ; and in case of their finding that any of the vessels aforesaid 
have violated this engagement, by the exportation of slaves from the coasts 
of Africa or elsewhere, upon any pretext whatsoever, they (the government 
cruizers) shall seize and confiscate the same.^^ 

And whereas on the said first day of May, an engagement was concluded 
by the said Major S. Henncll, on behalf of Her Majesty, and Shaik Abdullah 
Bin E-ashid, Shaik of Amulgavine, whereby it was agreed as follows : — 

Abdullali Bin Rashid, Shaik of Amulgavine, with a view to strengthen 
the bonds of friendship existing between me and the British Government, do 
hereby engage to prohibit the exportation of slaves from the coast of Africa 
and elsewhere on board of my vessels and those belonging to my subjects or 
dependents ; such prohibition to take effect from the 1st day of Mohurrum 
A.n. 1264 (or 10th December a, d. ‘1847)."^ 

And I do further consent, that whenever the cruizers of the British 
Government fall in with any of my vessels, or those belonging to my subjects 
or dependents, suspected of beings engaged in tlie slave-trade, they may detain 
and search tliem ,* and in case of their finding that any of the vessels aforesaid 
have violated this engagement, by the exportation of slaves from the coasts 
of Africa or elsewhere, upon any pretext whatsoever, they (the government 
cruizers) shall seize and confiscate the same.'’^ 

And whereas on the third day of May, in the said year one thousand 
eight hundred and forty-seven, an engagement was concluded by the said 
Major S. Hcnnell, on behalf of Her Majesty, and Shaik Saeed Bin Tahnoon, 
Chief of Aboothabee, whereby it was agreed as follows : — 

^‘^I, Saeed Bin Tahnoon, Shaik of the Bin Yas, Chief of Aboothabee, 
with view to strengthen the bonds of friendship existing between me and the 
British Government, do hereby engage to prohibit the exportation of slaves 
from the coasts of Africa and elsewhere on board of my vessels and those 
belonging to my subjects or dependents, such prohibition to take effect from 
the 1st day of Mohurrum A.n. 1264 (or 10th December 1847.) 

And I do further consent, that whenever the cruizers of the Bri- 
tish Government fall in with any of my vessels, or those belonging to 



cxlii 


Appendix 3^0. IV.— Persian G-nlf-— Trade. 


mj subjects or dependents^ suspected of being engaged in the slave-trade^ 
they may detain and search them ; and in case of their finding that any 
of the vessels aforesaid have violated this engagement^ by the exporta- 
tion of slaves from the coasts of Africa or elsewhere, upon any pretext what- 
soever, they (the government cruizers) shall seize and confiscate the same.'’^ 

And whereas on the eighth day of May^ in the said year one thousand 
eight hundred and forty-seven, an engagement w^as concluded by the said 
Major S. Hennell, on behalf of Her Majesty, and Sheik Mahomed Bin 
Khuleefa Bin Subman, Chief of Bahrein, whereby it was agreed as follows : — 

I, Mahomed Biir Khuleefa Bin Subman, Chief of Bahrein, with the 
vie'cv to strengthen the bonds of friendship existing between me and the 
British Government, do hereby engage to prohibit the exportation of slaves 
from the coasts of Africa and elsewhere on board of my vessels and those 
belonging to my subjects or dependents, such prohibition to take effect from 
the 1st day of Mohurrum a. h, 1264 (or 10th December A.n. 1847). 

And I do further consent, that whenever the cruizers of the British 
Government fall in with any of my vessels, or those belonging to my subjects 
or dependents, suspected of being engaged in the slave-trade, they may detain 
and search them ; and in ease of their finding that any of the vessels afore- 
said have violated this engagement, by the exportation of slaves from the 
coasts of Africa or elsewhere, upon any pretext whatsoever, they (the govern- 
ment cruizers) shall seize and confiscate the same.'’^ 

And whereas it is expedient that effectual provision should be made for 
Officers Commanding ships of carrying into execution the provisions of the 
Her Majcsty,^ as well as those of said several agreements, be it therefore enacted 
the East liuiia Company, antlio- py Queen^s most excellent Majesty, by 
rized to visit vessels belonging to i i i p t i 

the before-mentioned Chiefs, or to and with the advice and consent ot the Lords 

any of their subjects or clepeu- spiritual and temporal and Commons in this 

present Parliament assembled, and by the autho- 
rity of the same, that it shall be lawful for the Commanders and other 
Officers of Her Majesty^s ships of war, or of the East India Company, to 
visit and detain in any seas any vessel belonging to either of the said res- 
pective Chiefs, Sliaik Sultan Bin Sngger, Chief of the Joasmee tribe, 
Muktoom Bin Buttye, Shaik of Debaye, Abdool Azeez Bin Rashid, Shaik of 
Eginan, Abdullah Bin Rashid, Shaik of Amnlgavine, Saeed Bin Tahnoon, 
Shaik of the Bin Yas, Chief of Aboothabec Mahomed Bin Khuleefa, Bin 
Suhman, Chief of Bahrein, or to any of their subjects or dependents, which' 
shall upon reasonable grounds be suspected of being engaged in the traffic 
in slaves or having been fitted out for that purpose, and to send or carry 
away such vessel, together with its masters, sailors, passengers, slaves, and 
cargo, for the purpose of such vessel being brought to adjudication as herein- 
after mentioned. 

II. And be it enacted, that it shall be lawful for tbe High Court of 

Admiralty of England, and for all Courts of 
thJslavt-toide^ vessels engaged in Vice- Admiralty in any dominions of Her Ma- 
jesty beyond the seas, including those Courts 
of Vice- Admiralty within the territories under the government of the East 



Appendix l^To. IV.—Persian Gulf— Slave Trade, 


cxliii 


Persons giving false 
deemed guilty of x^erjury. 


evidence 


India Company, to take cognizance o£ and try any suck vessel wkick shall ke 
detained or captured for tke violation of tke said agreements, and to condemn 
any suck vessel to Her Majesty, and adjudged as to tke slaves found tkerein, 
in like manner and under suck and tke like rules and regulations as are 
contained in any Act or Acts of Parliament in force in relation to tke sup- 
pression of tke slave-trade by Eritisk owned skips as fully as if all tke powers 
and provisions contained in suck Acts were re-enacted in tkis Act as to suck 
Higk Court of Admiralty or Courts of Vice-Admiralty. 

III. And be it enacted, tkat every person wko shall wilfully and cor- 
ruptly give false evidence in any examination 
or deposition had or affidavit taken in any 
proceeding under tke said engagements or tkis 

Act shall be deemed guilty of perjury, and being thereof convicted shall be 
subject and liable to all tke punishments, pains, and penalties to wkick 
persons convicted of wilful and corrupt x')erjury are liable ; and every suck 
person may be tried for any suck perjury, either in tke place where tke offence 
was committed, or in any colony or settlement of Her Majesty near thereto 
in wkick there is a Court of competent jurisdiction to try any suck offence, 
or in Her Majesty^s Court of Qucen^s Bench in England, and tkat in ease 
of any prosecution for suck offence in Her Majesty^s said Court of Queen^s 
Bench, tke venue may be laid in tke County of Middlesex. 

IV. And be it enacted, that tke pendency of any suit or proceeding 
Pendency of suits to bo a tar to instituted for tlie condemnatiou or restitution 

any x>i’oceediiigs instituted for the of any skip Or cargo, or slaves, taken, seized, 
recovery of the vessels detained. detained by virtue of the said agreements, 

or tke final adjudication, condemnation, or judgment or detei'mi nation there- 
upon, may ke pleaded in bar or given in evidence under tke general issue and 
shall be deemed in any Court whatever to be a complete bar in any action, 
suit, or proceeding, whether instituted by any person or persons for tke 
recovery of any suck skip, vessel, or cargo, or of any damage, or for any 
injury sustained thereby or by tke persons on board tke same, in consequence 
of any capture, seizure, or detention or any thing done under, in pursuance of, 
tke provisions of tke said agreements. 

V. And be it enacted, tkat any skip or vessel wkick shall ke condemned 
Vessels condemned to be sold for aforesaid may be taken into Her Majesty s 

Her Majesty’s service or broken ui). service. Upon payment o£ suck Slim as tke Lord 
High Admiral or tke Lords Commissioners of the Admiralty shall deem a proper 
price for tke same, or if not so taken, shall be broken up and demolished, and 
the materials thereof shall be publicly sold in separate parts, and the proceeds 
thereof shall be paid to suck person or persons as tke Commissioners of Her 
Majesty^s Treasury may appoint to receive tke same. 

VI. And ke it enacted, tkat where any skip or vessel employed or 

_ , „ 1 1 11 engaged in suck illicit traffic in slaves, in violation 

the same are condemned, be entitled ^f fke said agieemciits, shall he seized by any 
to the proceeds heiougiug to Her skip or vessel belonging to Her Majesty or tke 
Majesty. East India Company and afterwards condemned, 

there shall ke paid to tke captors tke net proceeds to wkick Her Majesty 



exliv Appendix 'No. IV.— Persian Gnlf—/S^«vfi Trade. 


is entitled, the same to he distributed in the same manner hereinafter 
directed for the distribution of bounties on slaves taken on board the said 
vessels. 

VII. And be it enacted, that there shall be paid to the Commander, 

„ ^ ^ ^ ^ Officers, and crews of Her Maiesty^s ships, or 

Bounty for ,kves captured. Commander, Officers, and crews of the ships 

of the East India Company, a bounty of five pounds for every man, woman, 
and child slave seized and found on board any ship or vessel taken and con- 
demned in pursuance of the provisions of the said agreement and of this Act, 
such bounty to be issued and paid by order from the Commissioners of Her 
Majesty’s Treasury, and to be distributed to and amongst the captors aforesaid 
in such manner and proportions as Her Majesty shall think fit to order by any 
order in Council made or to be made, or by any proclamation for that 
purpose. 

VIII. And be it enacted, that where any ship or vessel which shall 
Bounty on tonna??G of slave sliips liave been seized and condemned under the 

captured and dcmolislied. provisions of the said agreements, shall have 

been or shall be demolished, and the materials thereof publicly sold in separate 
parts, as well as her cargo, there shall be paid to the Commanders, Officers, 
and crews of Her Majesty^s ships or of those of the East India Company, in 
addition to the amount of the proceeds of such sale as hereinbefore mentioned, 
a further bounty on the tonnage of such ship or vessel at the rate of thirty 
shillings for every ton of such tonnage. 

IX. And be it enacted, that where any ship or vessel having no slaves 
Where no shivcs nrc on board a board shall have been seized and condemned 

ship seized and condemned an addl- under the provisions of the said agreements, 
tional bounty to be paid. there shall be paid to the Commanders, Officers, 

and crews of Her Majesty’s ships or those of the East India Company an 
additional bounty upon the tonnage of such ship or vessel at the rate of four 
pounds for every ton; and the tonnage of all such vessels shall he as- 
certained according to the mode of ascertaining the admeasurement of British 
vessels, either by the principal Officer of the customs at the port where the 
vessel may he at the time of condemnation, or in default thereof by the best 
evidence which can he obtained : provided always, that in every case in which 
any ship or vessel shall be seized with slaves on board in which the bounty 
calculated upon the number of slaves shall be less than the bounty calculated 
upon the tonnage, the Commanders of Her Majesty’s ships or of those of the 
East India Company making the seizure may elect to take the bounty calcu- 
lated according to tonnage, instead of the bounty which would be payable 
upon the number of slaves on board. 

X. And he it enacted, that all bounties payable under this Act shall 
Bounties to be paid out of tlic 1^^ paid out of the Consolidated Eund of the 

Consolidated Bund. United Kingdom of Great Britain and Ireland 

to the Commanders, Officers, and crews of Her Majesty’s ships and of the 
ships of the East India Company, and such bounties shall be issued and paid 
by order from the Commissioners of Her Majesty’s Treasury, 



Appendix No. IT,— Persian Gulf— Trade, 


cxlv 


XI. And be it enacted^ that the said bounty^ as also all bounties payable 
Bounties not liable to payment under any of the Acts for the abolition or 

ot fees. suppression of the slave-trade; shall not here- 

after be charged with Treasury fees or Exchequer fees of any description. 

XII. Provided alwayS; and be it enacted; that in order to entitle the 

captors to receive the said bounty money and 
roo 0 tonnage. tonnage of the ship or vessel so seized and 

condemned shall be proved to the Commissioners of Her Majesty^s Treasury 
by producing a copy; duly certified; of the sentence or decree of condemna- 
tion; or by such documentary or other evidence as they may deem satisfactory. 

XIII. Provided alwayS; and be it enacted; that in order to entitle 
Copy of sentence of condemna- the captors to receive the said bounty money 

tion to be produced to the Commis- on slaveS; the number of nieii; womeii; and 
sioncrs of the Treasury. children SO takeU; delivered over; and condemned 

shall be proved to the Commissioners of Her Majesty^s Treasury by producing 
a copy; dnly certified; of the sentence; or decree of condemnation; and also 
a certificate under the hand of the i^roper Officer or OflicerS; Military or 
Civil; who may be appointed to receive such slaves. 

XIV. And he it enacted; that where any slaves or persons treated 
One moiety of tbc bounty only to slaves shall be Seized on boarci any ship or 

bo paid in certain cases. vessel; taken and condemned in pursuance of 

the said agreements and of this Act; but who shall not have been deli- 
vered over in consequence of death; sicknesS; or other inevitable circum- 
stance; it. shall be lawful for the said Commissioners of Her Majesty^s 
Treasury, if to their discretion it shall seem meet, to direct payment of one 
moiety of the bounty which would have been due in each case respectively if 
the said slaves had been delivered over. 

XV. Provided also, and be it enacted, that any party or parties claim- 
Parties cUviming benefit nndov ing aiiy benefit by way o£ bounty under tbe 

this Act may resort to tlio Court of provisions of this Act, or of any share of the 
Admiralty. proceeds of any vessel confiscated in pursuance 

of the provisions of the aforesaid agreements, may resort to Ike High Court 
of Admiralty for the purpose of obtaining the judgment of tbe said Court 
in that behalf, and that it shall be lawful for the Judge of the said High 
Court of Admiralty to determine thereon, and also to hear and determine any 
question of joint capture which may arise upon any seizure made in pursuance 
of this Act; and also to enforce any decrees or sentences of the said Vice- 
Admiralty Courts relating to any such seizure. 

XVI. And he it enacted, that all the provisions, rules, regulations; 
Bogulations and penalties respect- forfeitures; and penalties respecting the delivery 

ing Prize Agent’s accounts extend- by Prize Agents of accounts for examination; 
ed to bounties, &c., under tins Act. distribution of prize money and the 

accounting for and paying over the proceeds of price and the percentage due 
thereon to Greenwich Hospital; shall be extended to all bounties and proceeds 
to be distributed; under the provisions of this Act; to the Oilicers and crews 
of any of Her Majesty^s ships and vessels of war. 


VII 


T 



-cxlvi 


Appendix No. IV. — Persian Gulf — Slave Trade, 


XVII. And be it enacted^ tliat where any ship or vessel belongings 
^ .. m i^i whole or in part to the before-mentioned 

aavTrdeTpayTeiifof Chiefs, or their subjects or dependents, shall 

ed for vessels detained, but not have been detained and brought to adjudica- 
condemned. tion by any Officers of Her Majesty the Queen 

of Great Britain and Ireland or of those of the East India Company, 
and the said ships shall be restored by sentence of the Court, it shall be 
lawful for the Commissioners of Her Majesty^s Treasury, by warrant signed 
by any two or more of them, to direct payment to be made out of the 
Consolidated Fund of the United Kingdom of Great Britain and Ireland of 
any costs or damages which may be duly awarded, provided always, that 
nothing herein contained shall exempt such Officer from his liability to mjB.^e 
good the payment so made, when lawfully called upon either, by the parties 
interested therein or by order of the said Commissioners of Her Majesty^s 
Treasury. 


XVIII. And be it enacted, that when any seizure shall be made by 
^ o .1 m any of the Commanders, Officers, and crews 

Tlie Commissioners of tlie Trea- J -xic • i. y i • c n -n i 

sury may repay to tlie seizor of of Her Majesty^s ships, or of those of the East 

any vessel not condemned tlie ex- India Company, and judgment shall be given 
penses incurred by him. against the seizov. Or when such seizure shall be 

relinquished by him, it shall be lawful for tbe said Commissioners of Her 
Majesty^s Treasury, if to their discretion it shall seem meet, by warrant signed 
by any two or more of them, to direct payment to be made out of the Con- 
solidated Fund of the United Kingdom of Great Britain and Ireland of such 
costs and expenses as the seizor may have incurred in respect of such seizure, 
or any proportional part thereof. 


INSTRUCTIONS OF THE GOVERNMENT OP INDIA, RELATIVE 
TO THE SLAVE TRADE. 

The Treaty mentions vessels the property of the Vessels liclonging to the Imaum 
Iinaiim as ivell as of his subjects, but tho Statute o£ Muscat, or to any of hlS 
only vessels of his subjects. The instructions, how- subjects belonging to either of 
over, may stand as here headed. following respective Arabian 

(Sd.) A. S. LeMessiteiee, Chiefs in the Persian Gulf, 

viz . — 

1. — Shaik Sultan Bin Suggur, Shaik of Ras-ool-kheimah and Shargah in 

the Persian Gulf, Chief of the Joasmee tribe of Arabs. 

2. — Muktoom Bin Buttye, Sbaik of Debaye. 

3. — Abdool Azeez bin Rashid, Shaik of Ejman. 

4. — Abdullah Bin Rashid, Shaik of Amulgaviue. 

5. — Saeed Bin Tahnoon, Shaik of the Beni Yas, Chief of Aboothahee. 

6. — Mahomed Bin Khuleefa Bin Subman, Chief of Bahrein, or to any of their 

subjects or dependants. 



AppondLix "No, IV, — PeTsian G-xilf — Slave Trade. cxlvii 


Instructions, 

To the Commanders of the Honourable East India Company's ships for 
carrying into execution the provisions of the Act of XI. and XII. Vic, 
Cap. 12-8^ entitled an Act for carrying into effect the agreement between Her 
Majesty and the Imaum of Muscat for the more effectual suppression of the 
slave-trade^ also for carrying into execution the provisions of the Act of XII, 
and XIII. Vic., Cap. 84, entitled an Act for carrying into effect engagements 
between Her Majesty and certain Arabian Chiefs" in the Persian Gulf for the 
more effectual suppression of the slave-trade, copies of both of which Acts 
are hereto- annexed, 

I. You are required to make yourselves fully acquainted with the different 
provisions of these Acts of Parliament and to guide yourselves accordingly by 
them in all your acts when you meet or fall in with any vessels belonging to 
the Imaum of Muscat, or any of his subjects, or with any vessel belonging 
to any or either of the Arabian Chiefs therein resf)ectively named, or any of' 
their subjects or dependants engaged in the slave-trade, or fitted out for the 
purpose contrary to the provisions of these Acts. 

II. Your attention is to be directed to the third article of the agreement 
with the Imaum, dated 2nd October 1845, as set out in the Act of XI.* and 
XIL Vic., Cap. 128. 

HI. And also to the provisions of the first Section of these Acts, which 
empower the Commanders of the ships of war of the East India Company 
to visit vessels belonging to the subjects of the Imaum, within the limits 
therein specified, and also to visit vessels belonging to the Chiefs, or the. 
subjects or dependants of the Chiefs, named in Act XII. and XIII. Vic., Cap. 
84, suspected of being engaged in slave-trade. 

IV. You will visit and detain in any seas, except within the limits 

exempted by the terms of the third article of the said agreement (contained 
in Act XI. and XII. Vic., Cap. 128), an^ merchant vessel belonging to the 
subjects of the Imaum of Muscat lohich shall upon reasonable grounds be sus- 
pected of being engaged in the export of slaves from the African doniinions 
of the Imaum of Muscat, or the importation of slaves from any part of Africa 
into his possessions in Asia, excepting such only as are engaged in the trans- 
port of slaves from one port to another of his own dominions in Africa, 
between the port of Lamoo to the north and its dependencies, the northern 
limits of which is the north point of Khyhoo Island in south latitude, 

and the port of Keelwa to the south and its dependencies, the southern limit 
of which is the Sonya Manara or Pagoda point in 9°2' south latitude, includ- 
ing the Islands of Zanzibar, Pemba, and Monfia, or any vessel fitted out for 
that purpose^ and to send or carry away such vessels, together with its-masters, 
sailors, passengers, slaves, and cargo, for the purpose of such vessel being 
brought to adjudication as in the Act of XI. and XII. Vic., mentioned. 

V. You will visit and detain in any seas any vessel belonging to either 
of the said respective Chiefs, Shaik Sultan Bin Suggur, Chief of the Joasmee 


^ See p. cli. 



cxlviii 


Appendix 'No. IV.—Persian Grialf— Trade. 


tribe^ Mubtoom Bin Buttye^ Sbaik of Debaye, Abdool Azeez Bin Basbid^ 
Sbaik of Ejman, Abdullah Bin Basbid^ Sbaik of Amulgavine^ Saeed Bin 
Tabnoon, Sbaik of the Beni Yas, Chief of Aboothabee;, Mahomed bin Kbnleefa 
Bin Sabman^ Chief of Bahrein^ or to any of their subjects or dependants^ 
■which shall upon reasonable grounds be suspected of being engaged in the 
traffic in slaves or having been fitted out for that purpose^ and to send or 
carry away such vessel;, together with its masters, sailors, passengers, slaves, 
and cargo, for the purpose of such vessel being brought to adjudication, as in 
the Act of XII. and XIII. Vic., mentioned. 

VI. On detaining any vessel visited by you under the aforesaid provi- 
sions of either of the said two Acts and of these instructions, you will take 
possession of the Shipp’s papers, making a list thereof according to Form 
No. 1, and certifying the same by your signature. 

VII. You will also draw out a declaration according to Form No. 
stating the circumstances attending the capture, and mentioning the date 
when and in the place where it was made, and you will certify the same by 
your signature. 

VIIT. In sending or carrying away such vessel with its masters, sailors, 
passengers, slaves, and cargo for the purpose of adjudication, you will do so 
without delay, and send or carry her with them to the nearest port or place 
where a British Court of Vice- Admiralty may be established, and on your 
arrival at such port or place you shall duly report your arrival and deliver up 
to the proper Authorities there the vessel, with its master, sailors, passengers, 
slaves, and cargo, to be dealt with according to law, and you shall abide such 
further instructions on the subject as shall be given you, 

IX. The Officer in charge of the slave vessel is at the same time of 

delivering up the vessel to the proper Authorities to deliver also the ship^s 

papers and certificates thereof and the captor's declaration of capture. 

X. The circumstances attending the seizure of a vessel under either 

of these Acts of Parliament must he fully reported to the Officer under whose 

orders you are serving, and a duplicate of the report must be sent at the 
earliest opportunity to the Commander-in-Chief of the Indian Navy at 
Bombay. 

Given under my hand at Bombay this day of 1850. 

Commodore. 

Commander4n-Clhief, I. V. 


Form No. 1. 

Certificate containing a list of papers to be made out in duplicate, one copy to be delivered 
to the master placed in charge of a detained vessel as soon as possible after seizure, 
the other to be delivered to be kept with a view to its production in the Court before 
which the vessel is taken for adjudication. 

I, the undersigned hold the rank of ^ 

the Indian Navy, and Commanding the Honourable Company's ship 



Appendix "No. IV.— Persian Gulf— Slave Trade. cxlix 


do hereby certify that on the day of 

being the latitude and longitude of 

Greenwich; seized the whereof is Tindal^ 

and that she had on board at time of capture 
slaves; namely — 


Males. 

Females. 


If no slaves be on board; state the fact. 


Total. 


I further certify that the papers which I have numbered 1 to 
inclusive are the whole of the documents, letters, and writings seized on 
board; which are hereunder specified and described, namely, — 

Here specify and describe No. 1 
the papers found on board „ 2 

according to number ,, 3, &c. 

Signed by me the day of 1850. 

Commanding II. C, S/iigj. 


Form No. 2. 

Declaration to ho made by the Commanuer of the Honourable Compant's ship at the 
time of the seizure and delivered to the Court before which the vessel is taken for 
adjudication. 

I, the undersigned holding the rank of 

in the Indian Navy, and Commanding the Honourable Company's Ship 

duly authorized by the Act* of Parliament for the 
suppression of the slave trade as therein provided, do hereby declare that 
on the day of being in 

latitude and longitude of Greenwich, 

I seized the whereof 

is Tindal, for having violated the said and I 

further declare that the vessel had on board at the time of seizure a crew 
of persons passengers and slaves 

as follows 
Males. 

Females. 

Total. 


# If the sci/Aire be under the Act of XI. and XII. Yic., Cap. 128, insert it; if under XII. and 
XIH. Vic., Caj). 84-, state it accordingly. 



cl 


Appendix No. IV.—Persian Gulf— Trade. 


Here insert any particulars worthy of notice, as 
to the state in which the vessel was found, and any 
facts as to the circumstances or causes of seizure. 


• And I do also declare that I 
found this vessel in the followiia^^ 
state : — ^ 


Given under my hand this 


day of 


1850. 


Coinmanding E. C, S/iijj, 


Approved by the Most Noble the Governor-General of India on the 
17th July 1850. 



MUSCAT. 

APPENDIX No. Y,—Faffe 75. 


11 a?id 12 Fie., Cap. CXXFIII. 

An Act for carrying into effect the Agreement between Her Majesty and the Imaum of 
Muscat for the more effectual suppression of the Slave-trade, dated 15th Septem- 
ber 1848. 

Whereas on the second day of October, in the year of onr Lord one 
thousand eight hundred and forty-five, an agreement was concluded and 
signed at Zanzibar between Captain Atkins Hamerton, of Her Majesty^'s Royal 
Navy, on behalf of Her Majesty the Queen of the United Kingdom of Great 
Britain and Ireland, and His Highness Seid Saeed Bin Sultan, the Imaum 
of Muscat, whereby it was agreed as follows : — 

Article 1. 

His Highness the Sultan of Muscat hereby engages to prohibit, under 
the severest penalties, the export of slaves from his African dominions, and 
to issue orders to his Officers to prevent and suppress such trade. 

Article 2. 

His Highness the Sultan of Muscat further engages to prohibit, under 
the severest penalties, the importation of slaves from any part of Africa into 
his possessions in Asia, and to use his utmost influence with all the Chiefs 
of Arabia, the Red Sea, and the Persian Gulf, in like manner to prevent the 
introduction of slaves from Africa into their respective territories. 

Article 3. 

His Highness the Sultan of Muscat grants to the ships of Her Majesty 
Navy, as well as those of the East India Company, permission to seize and 
confiscate any vessels the property of- His Plighness or of his subjects carry- 
ing on slave trade, excepting such only as are engaged in the transport of 
slaves from one port to another of his own dominions in Africa, between the 
port of Lamoo to the north and its dependencies, the northern limit of which 
is the north point of Knyhoo Island in 1°57' south latitude, and the port of 
Keelwa to the south and its dependencies, the southern limit of which is the 
Songa Manara or Pagoda Point in 9^2^ south latitude, including the Islands 
of Zanzibar, Pemba, and Monfea, 

Article 4. 

This agreement to commence and have effect from the first day of 
January one thousand eight hundred and forty -seven of the year of Christ, 



clii 


Appendix Wo. V.— Muscat— Trade. 


and the fifteenth day of the month of Mohurrum one thousand two hundred 
and sixty-three of the Hegira. 

I)o7ie at Zanzihar this second day of Octoher, one thousand eight himdred 
and forty-five of the year of Christy and tioenty-nine day of Itamzan Me 
thousand two hundred and sixty-one of the Hegira. 

(Sd.) Seid Saeed Bin Sultan^ 

Imaum of M'liscat. 

(Sd.) Atkins HaivieutoN;, Captain ^ 

On lehalf of Her Majesty the Queen of Great 

Britain and Ireland^ Her Heirs and Successors. 


And whereas it is expedient and necessary that effectual provision 
should he made for carrying into execution the provisions of the said 
agreement : be it therefore enacted by the Queen^s most excellent Majesty, 
by and with the advice and consent of tl\e Lords spiritual and temporal 
and Commons in this present Parliament assembled, and by the authority 

of the same, that it shall be lawful for the 

Power to Commanders of ships Commander and other Officers of Her Ma jesty^s 
of war and of tlie East India Com- , . « u .i j t t j. 

pany to visit vessels helonging to sliips of war Or of the East India Compmiy to 

subjects of the Imaum of Muscat, visit and detain in any seas, except within the 
witiiin certain limits, suspected of limits exempted by the terms of the tliird 
being engaged in t e s ave- la e. Article of the said agreement, any merchant 
vessel belonging to the subjects of the Imaum of Muscat which shall 
upon reasonable grounds be suspected of being engaged in the export of 
slaves from the African dominions of the Imaum of Muscat, or the importa- 
tion of slaves from any part of Africa into his possessions in Asia, excepting 
such only as are engaged in the transport of slaves from one port to another 
of his own dominions in Africa, between the port of Lainoo to tbe north and 
its dependencies, the northern limit of which is the north point of Ivnyhoo 
Island in I°57' south latitude, and the port of Keelwa to the south and its 
dependencies, the southern limit of which is the Songa Manara or Pagoda 
Point in 9° 2' south latitude, including the Islands of Zanzibar, Pemba, and 
Monfea, or any vessel fitted out for that purpose, and to send or carry away 
such vessel, together with its masters, sailors, passengers, slaves, and cargo, 
for the purpose of such vessel being brought to adjudication as hereinafter 
mentioned. 

II. And be it enacted, that it shall be lawful for the High Court of 

Admiralty of England, and for all Courts of 
■ « Viee-Admivalty in any dominions of Her Ma- 

™ * ' jesty beyond the seas, including those Courts 

of Vice-Admiralty within the territories under the Government of the East 
India Company, to take cognizance of and try any such vessel which shall be 
detained or captured for the violation of the said agreement, and to condemn 



Appendix Ho, V.— Muscat— Trade. 


cliii 


sucli vessel to Her Majesty, and adjudge as to the slaves found therein, 
in like manner, and under such and the like rules and regulations as are con- 
tained in any Act or Acts of Parliament in force in relation to the suppres- 
sion of the slave-trade by British owned ships, as fully as if all the powers 
and provisions contained in such Acts were re-enacted in this Act as to such 
High Court of Admiralty or Courts of Vice* Admiralty. 

III. And be it enacted, that every person who shall wilfully and cor- 

ruptly give false evidence in any examination 
Persons givnig false evidence deposition had or affidavit taken in any pro- 
doomed gudty Ot perjury. ^ agreement^ or under this 

Act shall he deemed guilty of perjury, and being thereof convicted shall be 
subject and liable to all the punishments, pains, and penalties to which per-' 
sons of wilful and corrupt perjury are liable, and every such person may be 
tried for any such perjury either in the plaee where the offence was com- 
mitted or in any colony or settlement of Her Majesty near thereto in which 
there is a Court of competent jurisdiction to try any such offence, or in Her 
Majosty^s Court of Queen^s Bench in England ; and that in case of any pro- 
secution for such offence in Her Majesty said Court of Queen^s Bench the 
venue may he laid in the County of Middlesex. 

IV. And be it enacted, that the dependency of any suit or proceeding 
Pendency of suits to be a bar to instituted for the Condemnation or restitution 

any proceedings instituted for the of any ship or cargo, or slaves, taken, seized, or 
recovery of tbo vessels detained. detained by virtue of the said agreement, or the 
final adjudication, condemnation, or judgment or determination thereupon, 
ffiay be pleaded in bar or given in evidence under the general issue, and shall 
be deemed in any Court whatever to be a complete bar in any action, suit, or 
proceeding, whether instituted by any person or persons for the recovery of 
any such ship, vessel, or cargo, or of any damage or for any injury sustained 
thereby or by the persons on board the same, in consequence of any capture., 
seizure or detention, or airy thing done under, or in pursuance of, the pro- 
visidiisof the said agreement. 


V. And he it enacted, that any ship or vessel wdiicli shall be condemited 

as aforesaid may be taken into Her Majesty"';!?. 

f s«eh sum as -the Lord 
High Admiral or the Lords Commissioners of 
the Admiralty shall deem a proper price for the same, or if not so taken, 
shall be broken up and demolished, and the materials thereof shall be publicly 
sold in separate parts, and the proceeds thereof shall be paid to such .person or 
persons as the Commissioners of Her Majesty^s Treasury may appoint -to 
receive the same. 

VI. And be it enacted, that where any ship or vessel employed or ^?ngag- 

Ciptors of vessels sliall, after tlie illicit traffic in slaves, in violation of 

same are coutlemned, be entitled to the Said agreement, shall be Seized by any ship 
the proceeds belonging to Her Mu- vessel belonging to Her Majesty or the East 

India Company and afterwards condemned, 
• there shall be paid to the captors the net proceeds to wbjeh Her Majesty is 
entitled, the same to be distributed in tlie manner lierei.nafter direetod for the 
distribution of bounties on slaves taken on board the said vessels. 


YII 


u 



cliv 


Appendix Ho. V, — Muscat — Slave Trade. 


VII. Arid be it enacted, that there shall be paid to the Commander, 
A boonty of £5 for every Officers, and cvews of Her Majcsty^s ships, or 


every 

■slave found on board of vessels 
seized and condemned. 


the Commander, Officers, and crews o£ the ships 
of the East India Company, a bopnty of five 
pounds for every man^ woman, and child slave seized and found on hoard any 
ship or vessel, taken and condemned in pursuance of the provisions of the said 
agreement and of this Act; such bounty to he issued and paid by order from 
tiie Commissioners of Her Majesty^s Treasury, and to be distributed to and 
amongst the captors aforesaid in .such manner and proportions as Her Majesty 
shall think fit to order by any order in Council, made or to be made, or by 
any proclamation for that purpose. 

VIII. And be it enacted, that where any ship or vessel which shall 
A bounty to bo paid on tonnage have been seized and condemned under the 

of slave sliips captured and demo- provisions of the said agreement shall have 

been or shall he demolished, and the materials 
thereof publicly sold in separate parts, as well as her cargo, there shall be paid 
to the Commanders, Officers, and crews of Her Majesty^s ships, or of those 
of the East India Company, in addition to the amount of the proceeds of such 
sale as hereinfore mentioned, a further bounty on the tonnage of such ship or 
vessel at the rate of thirty shillings for every ton of sijch tonnage. 

IX. And he it enacted, that where any ship or vessel having no slaves 
Whwe no slaves are on board a board shall have been seized and condemned 

ship seized and coiidemned, an under the provisions of the §aid agreement, 
additional bounty to be paid on there shall be paid to the Commanders, Officers, 
tonnage. Crews of Her Majesty^s ships, or those of 

the East India Company, an additional bounty upon the tonnage of such, 
ship or vessel at tlie tate of four pounds for every ton, and the tonnage of all 
such vessels shall be ' ascertained according to the mode of ascertaining the 
■admeasurement of British vessels, either by the principal Officer of the 
customs at tlbc port where the vessel may be at the time of condemnation, or in 
■default thereof by the l>est evidence which can he obtained : provided always, 
that ill every casein which any ship or vessel shall be seized with slaves on 
board in which the bounty calculated upon the number of slaves shall bo less 
than the bounty calculated upon the tonnage, the Commanders of Her 
Majesty^s ships, or of those of the East India Company making the seizure, 
■may elect to take the bounty calculated according to tonnage, instead of the 
bounty which would be payable upon the number of slaves on board. 

X. And he it enacted, that all bounties payable under this Act shall he 

'Boimties to be paid out of tbe Consolidated Fund of the 

Consolidated rund. United Kingdom of Great Britain and Ireland 

to the Commanders, Officers, and crews of Her Majesty^s ships, ah , of the 
ships of the East India Company, and such bounties shall be issuecFand paid 
by order from the Commissioners of tier Majesty^s Treasury. 

XI. And be it enacted, that the said bounty, as also all bounties pay- 
Bouiitics not liablo to payment able under any of the Acts for the abolition or 

_ suppression of the slave-trade, shall not here- 

after be charged with Treasury fees or Exchequer fees of any description. 



Appendix No. V.— -Muscat — Slave Trade, 


civ 


XII. Provided always^ and be it enacted^, that in order to entitle tlie 
Captors entitled to bount;y*to captors to- receive the said bounty money, the 

give proof of tonnage. tonnage of* the ship or vessel so seized and 

condemned shall be proved to the Commissioners of Her Majesty^s Treasury 
by producing a copy, duly certified, of the sentence or decree of condemna- 
tion, or by such documentary or other evidenee as they may deem satisfactory. 

XIII. Provided always, and be it enacted, that in order to entitle the 
Copy of eenteiice of conclemna- captors to receive the said bounty money on 

tion to be produced to the Treasury, slaves, the number of men, women, and children 
so taken, delivered over, and condemned, shall be proved to tlie Commissioners 
of Her Majesty^s Treasury by producing a copy, duly certified, of the sentence 
or decree of condemnation, and also a certificate under- the hand of the proper 
Oifieer or Oilicers, Military or Civil, who may be appointed to receive such slaves. 

XIV. And be it enacted, that where any slaves, or persons treated as 

In certain cases Treasnry may shall he seized OH hoard any shil^ or 

order one moiety of tbe bounty to vessel taken and condemned in pursuance of 
P^nd. the said agreement and of this Act, but who 

sltall not have been delivered over in consequence of death, sickness, or 
other inevitable circumstance, it shall be lawful for tbe said Commissioners of 
Her Majesty^s Treasury, if to their discretion it shall seem meet, to direct 
j)ayment of one moiety of the bounty which would have been due in each 
case respectively if the said slaves had been delivered over. 

XV. Provided also, and be it enacted, that any party or parties claiming 
Parties claiminff bcucat under any benefit by way of bounty under the provi- 

this Act may resort to tho Court sioiis of this Act^ 01' of any share of the pro- 
of Aduiindty. cecds of any vessel confiscated in pursuance of 

tlie provisions of the aforesaid agreement, may resort to the High Court of 
Admiralty for the purpose of obtaining the judgment of the said Court in 
that behalf, and that it shall be lawful for the Judge of the said High Court 
of Admiralty to determine thereon and also to hear and determine any ques- 
tion of joint capture which may arise upon any seizure made in pursuance of 
this Act,, and also to enforce any decrees or sentences of the said Vice-Admi- 
ralty Courts relating to any such seizure. 

XVI. And he it enacted, that all the provisions, rules, regulations, for- 
and penalties to feiturcs, and penalties respecting the dcli^ 

which Prize Agents arc liable, ex- Prize Agents ot accounts tor examination and 
t(‘iuicd to bounties, &c., under this the distribution o£ prize money, and the account- 

ing for and paying over the proceeds of prize 
and the percentage due thereon to Greenwich Hospital, shall be extended to 
all bounties and proceeds to be distributed under the provisions of this Act to 
the Ofllecrs and crews of any of Her Majesty^s ships and vessels of war. 

XVII. And he it enacted, that where any ship or vessel belonging in 
TreaMu-y onlor payomnt o£ whole or m part to snbjeets of the Imarim of 

costs awarded for vessels 'detaiiiod, Musoat shall have Dceu detained and brought 
but not eondcimied. to adjudication by any Officers of Her Majesty 

the Queen of Great Britain and Ireland^ or of those of the East India Com- 
pany^ and the said shipi shall he restored by sentence of the Court, it shall be 



civil 


Appendix Ho. V.—Mnscat— Trade. 


kwful for the Commissioners of Her Majesty Treasury^ by warrant 6ig‘nocl 
by any three or more of tliem, to direct payment to be made out of the Con- 
solidated Fund of the United Kingdom of Great Britain and Ireland of any 
cost or damages which may be duly awarded ; provided always that nothing 
hemin contained shall exempt such Officer from his liability to make good tire 
payrnemts so made when lawfully called upon either by the parties interested 
therein, or by order of the said Commissioners of Her Majesty^S Treasury. 

XVIII. And be it enacted, that when any seizure shall be made by any 
Ti-easiiry miiy repay to the soizor Commanders, Officers, and crews of 

c£ any vessel not condemned the tier Majesty^S ships Or of those of tllC East 
expenses incurred by him. India Company and judgment shall be given 

against the seizor, or when such seizure shall be relinquished by him, it shall 
be lawful for the said Commissioners of Her jNIajesty^s Treasury, if to their 
discretion it shall seem meet, by warrant signed by any three or more of them 
to direct payment to be made out of the Consolidated Fund of the United 
Kingdom of Great Britain and Ireland of such costs and expenses as the 
seizor may have incurred in respect of such seizure, or any proportional part 
thereof. 



MUSCAT. 

APPENDIX No.— VI.— 83. 


At the Court at Windsm\ the Mh day of Novemher 1867. 

Peesent : 

Tlie Queen’s Most Excellent Majesty in Council. 

Wliereas by an Act of Parliament made and passed in tbe Session of 
Parliament holden on tbe 6th and 7th years of lier Majesty^s reign^ inti- 
tuled an Act to remove doubts as to the exercise of power and jurisdiction 
by Her Majesty within divers coirntries and places out of Her Majesty^s 
dominions^ and to render the same more effectual/^ it is amongst other things 
enacted that it is and shall be lawful for Her Majesty to hold^ exercise^ and 
enjoy any power or jurisdiction which Her Majesty now hath, or may at any 
time hereafter have within any country or place out of Her Majesty^s domi- 
nions in the same and as ample a manner as if Her Majesty had acquired such 
power or jurisdiction by the cession or conquest of territory. 

And whereas Her Majesty hath power and jurisdiction in the dominions 
of His Majesty the Sultan of Muscat and its dependencies. 

And whereas it is expedient to make provision for the due and effectual 
exercise of such power and jurisdiction. 

1. Now, therefore, in pursuance and by virtue of the said recited Act 
of Parliament, Her Majesty is pleased, by and with the advice of Her Privy 
Council, in order, and it is hereby ordered, that Her Majesty^s Consuls 
appointed to reside in the dominions of the Sultan of Muscat shall have full 
power and authority to carry into effect and to enforce by the means and in 
the manner hereinafter mentioned and provided, the observance of the stipu- 
lations of any Treaty or Convention, or of any Regulations appended to any 
Treaty or Convention now existing, or which may hereafter be made between 
-Her Majesty, her heirs and successors, and the Sultan of Muscat, his heirs 
and successors; and to make and to enforce by fine or imprisonment, or both. 
Rules and Regulations for the observance of the stipulation of any such 
Treaty or Convention and for the peace, order, and good government of Her 
Majesty^s subjects being within the dominions of the Sultan of Muscat, his 
heirs and successors. 

2. And it is further ordered, that a copy of all such Rules and Regu- 
lations made by the said Consul shall forthwith be affixed, and kept affixed 
and exhibited in some conspicuous place in the public office of the said 
Consul, and that printed copies of the said Rules and Regulations shall, as 
soon as possible, be provided by the said Consul, and sold at a price not 
exceeding one dollar for each copy ; and for the purpose of convicting any 
person offending against the said Rules and Regulations and for all other 
purposes of law whatsoever, a printed copy of the said Rules and Regulations, 
certified under the hand of the said Consul to be a true copy thereof, shall be 



elviii 


Appendix Wo. VI. — Muscat — Cons. JzcrisdlcHon Act 


taken as conclusive evidence of such Rules and Regulations^ and all things 
therein respectively contained; and no penalty shall be incarred or shall be 
enforced for the breach of any such Rules and Regulations to be hereafter 
made^ until the same shall have been so affixed and exhibited for one calender 
month in the public ofSce of the Consul. Provided always that any such 
Rule or Regulation made by Her Majesty^s Consul^ and to be enforced by a 
penalty shall/ before the first day on which the same shall be so affixed 
or exhibited^ be transmitted to Her Majesty^s Principal Secretary of State 
for Foreign Affairs for allowance or disallowance ; and if any such Rule and 
Regulation shall be disallowed by Her Majesty^s Principal Secretary of State 
for Foreign Affairs, the same shall cease to have effect from the I'cceipt by 
the Consul of such disallowance; nevertheless, the Consul shall not be liable 
to be proceeded against in any of Her Majesty^s Courts in regard to any Act 
done by him under such Rule and Regulation previously to the receipt of 
its disallowance by such Consul. 

3. And it is further ordered, that it shall be lawful for Her Majesty^s 
Consul as aforesaid upon information or upon the complaint of any person 
that a British subject has violated any of the stipulations of any Treaty or 
Convention or of any Regulations appended to any Treaty or Convention 
between Her Majesty and the Sultan of Muscat, or has disregarded, or in- 
fringed any of the Rules or Regulations for the observance of the stipulations 
of any such Treaty or Convention, affixed and exhibited according to the 
provisions of the next preceding Article of this Order, to summon hefove 
him the accused person, and to receive evidence and to examine witnesses on 
oath as to the guilt or innocence of such person in regard to the offence laid 
to his charge, and to award such penalty of fine or imprisonment against any 
person convicted of an offence against any such Treaty or Coiiveution, or 
appended Regulations, or against the said Rules and Regulations, as may ho 
specified therein respectively; and any charge against a British subject for a 
breach of any such Treaty or Convention, or appended Regulations, or for a 
breach of such Rules and Regulations for the observance of any such fib'caty, 
shall be heard and determined by the Consul without Assessors : Provided 
always, that in no case shall the penalty to be incurred by a breach of such 
Rules and Regulations exceed 500 dollars or three calender months^ imprison- 
ment. 

4. And it is further ordered, that any charge against a British subject 
for a breach of Rules and Regulations other than those relating to the observ- 
ance of Treaties shall, in like manner, be heard and determined l)y Her 
Majesty^s Consul; and in all cases in which the penalty shall not exceed 200 
dollars, or one calender month^s imprisonment, the Consul shall hear and 
determine the charge summarily without the aid of Assessors ; hut where a 
penalty attaelied to a breach of the Rules and Regulations other than those 
relating to the observance of Treaties shall amount to more than 200 dollars, 
or to imprisonment for more than one calender month, the Consul, before he 
shall proceed to hear the charge, shall summon two disinterested British sub- 
jects of good repute to sit with him as Assessors, winch Assessors, liowever, 
shall have no authority to decide on the innocence or guilt of the persosi 



Appendix ITo. VI.— Muscat — Cons. JiirisdwUon Act. 


clix 


cliargGcl;, or on the amount of fine or imprisonment to be awarded to him on 
conviction^ but it shall rest with the Consul to decide on the guilt or inno- 
cence of the person charged and on the amount of fine or imprisonment to be 
awarded to him : Provided alwa 3 'S^ that in no case shall the penalty to be 
attached to a breach of Pules and Pegulations other than those for the ob- 
servance of Treaties exceed 500 4ollarSj or three calender months^ imprison- 
ment; and provided furtherj thatj in the event of the said Assessors; or either 
of theni; dissenting from the conviction of the party charged; or from the 
penalty of fine or imprisonment awarded to him by the Consul; the Consul 
shall take a note of such dissent with the grounds thereof; and shall require 
good and sufficient security for the appearance of the person convicted at a 
future time; in order to undergo his sentence or receive his dischargee ; and in 
default of such security being given; it shall he lawful for the Consul to cause 
the person to be detained in custody until such security is given. 

5. And it is further ordered; that if any person who shall have com- 
mitted or been charged with any breach of; or offence against any such Treaty 
or Convention; or any such Rules and Regulations as aforesaid; shall escape 
or remove from the Consular District within which the fact was committed; 
and shall he found within another Consular District; it shall be lawful for 
the Consul; within which district such person shall be so found; to proceed 
against him in the same manner as if the fact- had been committed within 
such district. 

6. And it is further ordered; that all suitS; disputes; differences; and 
causes of litigation of a civil nature; arising between British subjects within 
the dominions of the Sultan of Muscat; shall he heard and determined by Her 
Majesty^s Consul; who shall be the sole judge and arbiter tliereof respectively; 
subject nevertheless to an appeal against the decision of the Consul therein; 
to the High Court of Bombay; in cases where the sum or matter at issue is 
of the amount or value of 200 dollars or upwards : Provided alwayS; that 
the ])arty intending so to appeal against the decision of the said Consul shall; 
within fifteen days after the determination of the case by the Consul by 
himself; or his x\gent; give to the Consul notice in writing of liis appeal 
to the said High Court of Bombay; whereupon the Consul shall; as speedily 
as possible, transmit to the said High Court all the documents which were 
produced before him in the case, and none other, together wdth a statement 
of the evidence taken before him in the case and of the grounds on which 
his decision was formed, and shall forthwith notify to the several parties 
the transmission of the said proceedings to the said High Court : Provided 
also that it shall be lawful for the Consul to require from any person so 
appearing to the said High Court reasonable security to consist in part of 
one or two sufficient sureties to be approved by the Consul, that such person 
so applying will duly prosecute his appeal, and will abide by the decision 
to be given therein by the said High Court, and that in such case appeal 
shall fail, he will answer and satisfy all costs, loss, and damages sustained by 
the other party by reason of such appeal. 

7. And it is furtlier ordered that it shall be lawful for Her Majesty^s 
Consul to summon nut less than two, and not more than four, disinterested 



olx 


Appendix Ho. VI.— Muscat — Com. Jurlsdictioii Act 


British subjects of good repute to sit with him as Assessors at the hearing of 
any suit^ dispute, difference, or cause of litigation whatever of a civil nature 
brought before him for decision, and in case the sum sought to be recovered 
shall exceed 500 dollars^, such suit shall not be heard by the Consul without 
Assessors, if within a reasonable time such Assessors can be procured; but the 
Assessors aforesaid shall have no authority to decide on the merits of such 
suits, but in the event of such Assessors, or any of them dissenting from the 
decision of the Consul, the Consul shall enter the fact of such dissent and the 
grounds thereof in the minutes of the proceedings, and in case of appeal shall 
transmit the same to the High Court of Bombay, together with the docu- 
ments relating to the suit. 

8. And it is further ordered, that it shall he lawful for Her Majesty^s 
Consul to enforce his decision in favour of, or against a British subject in a 
civil suit, dispute, difference, or cause of litigation by distress and sale or 
imprisonment, in like manner as a decision of the High Court of Bombay 
in a civil suit is enforced within the same. 

9. And ifc is further ordered, that in case of an appeal to the High Court 
of Bombay from the decision of Her Majesty^s Consul, it shall be lawful for 
the said High Court upon such terms as to costs and otherwise as it shall 
think proper to admit any further legal evidence, besides that adduced before 
the Consul on its being established to the satisfaction of the said High Court 
by oath or affidavit, that the party desiring to produce such further evidence 
was ignorant of the existence of such evidence, or was taken by sui'prise at 
the hearing before the Consul, or was unable to produce it before the Consul 
after due and reasonable diligence and exertion on his part, or where, under 
the circumstances of the case, it shall appear to the said High Court that 
further evidence ought to be received. 

10. And it is fui'tlier ordered, that Her Majesty^s Consul shall have 
power in any civil suit, dispute, difference, or cause of litigation to examine 
on oath, or in such form and with such ceremonies as the witness may declare 
to be binding on his conscience any witness who may appear before him and 
shall have power, on the application of any party in such suit, to issue a com- 
pulsory order for the attendance of any person being a British subject who 
may he competent to give evidence in such suit; and any British subject w^ho 
shall have been duly served with any such compulsory order, and with a 
reasonable notice of the day of hearing of such suit, and upon bis expenses 
of appearing as a witness having been paid, or tendered to him by the party 
at whose application he shall have been ordered to attend shall, on his wilful 
default to appear as a witness at the hearing of such suit, he punished with 
a fine not exceeding 100 dollars, or with imprisonment for a period not ex- 
ceeding thirty days at the discretion of • the said Consul. 

11. Every witnesses, being a British subject, so examined on oath, 
whether before the Consul, or before .a Kadi, or other officer of the Muscat 
Government duly authorized to act judicially, who shall in any such examin- 
ation give wilfully false testimony, may be convicted of and punished for the 
crime of wilful and corrupt perjury. 



Appendix ISTo, VI. — Muscat — Com. Jurisdiction AcL 


clxi 


12 . And it is further ordered^ that it shall be lawful for Her Majesty^s 
Consul to promote the settlement of any civil suit^ dispute,, difference^ or cause 
of litigation by amicable agreement between the parties, and^ with the 
consent of the several parties^ to refer the decision of a suit or contention to 
one or more Arbitrators, and to take security from the parties that they will 
be bound by the result of such arbitration, and the award of such Arbitrator 
or Arbitrators shall be, to all intents and purposes, deemed and taken to 
be a judgment or sentence of Her Majesty^s Consul in such civil suit, 
dispute, difference, or cause of litigation, and shall be entered and re- 
corded as such, and shall have the like effect and operation, and shall be en- 
forced accordingly, and shall be final and conclusive to ail intents and purposes, 
and shall not be open to appeal, unless the same shall, within a reasonable 
time, have been ordered by the Consul to be set aside, on the ground that it is 
not final, or is defective, or that the Arbitrator or Arbitrators have exceeded 
their authority, or have been guilty of misconduct in the matter. 

13. And it is further ordered, that it shall be lawful for Her Majesty^s 
Consul to cause to be apprehended and brought before him any British sub- 
ject who may be charged with having committed any crime or offence within 
the dominions of the Sultan of Muscat, and such Consul shall thereupon pro- 
ceed with all convenient speed to inquire of the same, and for such purpose 
shall have power to examine on oath, or in such form and with such ceremony 
as the witness shall declare to be binding on his conscience any witness who 
may appear before him to prove the charge ; and also shall have power to 
compel any person being a British subject, who may be competent to give 
evidence as to the guilt or innocence of the party so charged to appear and 
give evidence, and to punish the wilful default of any such pemon to appear 
and give evidence, after reasonable notice of the day of the hearing of such 
charge, by fine or imprisonment in like manner as^ is provided in Article 10 of 
this Order, and shall examine every such witness in the presence and hearing 
of the party accused, and shall afford the party accused all reasonable facility 
for cross-examining such witness, and shall cause the deposition of every such 
witness to be reduced to writing, and the same to be read over, and, if neces- 
sary, explained to the party accused, together with any other evidence that 
may have been urged against him during the course of the inquiry, and shall 
require such accused party to defend himself against the charge brought 
against him, and, if necessary, advise him of the legal effect of any voluntary 
confession, and shall take the evidence of any witness whom the accused party 
may tender to be examined in his defence ; and every witness being a British 
subject so examined as aforesaid, who shall upon any such occasion give 
wilfully false testimony, may be convicted of and punished for the crime 
of wilful and corrupt perjury ; and when the case has been fully inquired 
into, and the innocence or guilt of the person accused has been established 
to the satisfaction of the Consul, the Consul, as the case may be, shall either 
discharge the party accused from ^ custody if satisfied of his innocence, or 
proceed to pass sentence on him if satisfied of his guilt; and it shall be 
lawful for the Consul having inquired of, tried, and determined, in the manner 
aforesaid any charge which may be brought before him, to award for the 

w 


VII 



clxii 


Appendix ITo. VI.— Muscat — Cons. JurudieUon Act. 


party convicted any amount of punishment not exceeding imprisonment for 
one calender months or a fine of ^00 dollars. 

14. And it is further ordered, that if the crime or offence whereof any 
person being a British subject may be accused before Her Majesty's Consul 
as aforesaid shall appear to such Consul to be of such a nature as, if proved, 
■would not be adequately punished by the infliction of such punishment as 
aforesaid, it shall be lawful for such Consul to summon not less than two, or 
not more than four disinterested British subjects of good repute to sit with 
him as Assessors for inquiring of, trying, and determining the charges against 
such person ; and the Consul when he shall try any such charge with the 
assistance of Assessors as aforesaid shall, if he is himself convinced of the 
guilt of the party accused, have power to award any amount of punishment 
not exceeding imprisonment for twelve calender months, ora fine of 1,000 
dollars; and the Assessors aforesaid shall have no authority to decide on the 
innocence or guilt of the party accused, or on the amount of punishment to 
be awarded to him on conviction, but in the event of the said Assessors, or 
any of them dissenting from the conviction of, or from the amount of punish- 
ment awarded to the accused party, the Assessors or Assessor so dissenting 
shall be authorized to record in the minutes of the proceedings the grounds 
on which they are he may so dissent, and the Consul shall forthwith report 
to the High Court at Bombay the fact of such dissent, and of its having 
been so recorded in the minutes of the proceedings, and shall, as soon as 
possible, lay before the said Court copies of the whole of the depositions 
and proceedings with the dissent of the Assessor or Assessors recorded therein, 
and it shall be lawful thereupon for the Court, by warrant under seal addressed 
to the Consul, to confirm or vary, or remit altogether, as to the Court may 
seem fit, the sentence and punishment awarded to the party accused, and 
such Consul shall give immediate effect to the injunction of any such warrant: 
Provided always, that in any case in which the Assessor or Assessors shall 
dissent from the conviction of, or from the amount of punishment awarded 
to the accused party, it shall be lawful for Her Majesty's Consul to take good 
and sufiicient bail from the accused party to appear and undergo the punish- 
ment awarded to him, provided the same or any portion thereof be confirmed 
by the Court, which punishment so confirmed shall commence and take effect 
from the day on which the decision of the Court shall be notified to the 
party accused. 

15. And in order more effectually to repress crimes and offences on the 
part of British subjects within the dominion of the Sultan of Muscat, it is 
further ordered, that it shall and may be lawful for Her Majesty's Consul to 
cause any British subject, who shall have been twice convicted before him 
of any crime or offence and punished for the same, and who, after execration 
of the sentence of the Consul, on any second conviction shall not be able to 
find good and sufficient security to ‘the satisfaction of the Consul for his 
future good behaviour, or, who having been deported under any sentence shall 
during such sentence return, to be sent out of the dominions of the Sultan 
of Muscat; and to this end the Consul shall have power and authority, as 
soon as may be practicable after execution of the sentence on such second 



Appendix No. VI. — Muscat — Cons. JurisdicUon Act. 


elxiii 


conviction^ to send any sucli twice convicted party or any person so returning* 
as aforesaid to Bombay^ and in the meantime to detain such party in custody 
until a suitable opportunity for sending him out of the dominions of the 
Sultan of Muscat shall present itself ; and any person so to be sent out of 
the said dominions as aforesaid^ shall be embarked in custody on board of one 
of Her Majesty^s vessels of war^ or if there shall be no such vessel available 
for such purpose; then on board any British vessel bound to Bombay ; and it 
shall be lawful for the Commander of any of Her Majesty^s ships of war; or 
of any British vessel bound to Bombay; to receive any such person as afore- 
said under a warrant from the Consul to him addressed; and thereupon to 
convey such person in custody to Bombay as aforesaid; in the same manner 
as if he were a distressed British subject; unless he shall be willing and able 
himself to defray the expenses of his passage. 

16. And it is further ordered; that in any case in which any British 
subject shall be accused before lier Majesty’s Consul of the crime of arson 
or house-breaking; or cutting and maiming; or stabbing or wounding; or of 
any assault endangering lifC; or of wilfully causing any bodily injury 
dangerous to life; or of wilful or corrupt perjury; or of engaging in or being 
accessory to the purchase or sale of slaves or of having slaves illegally in his 
possession; the proceedings before the Consul shall be carried on with the aid 
of Assessors convened in the manner aforesaid; and it shall be lawful for the 
CoUvSul; if to him it shall seem fit to cause any person convicted before him 
of any of the crimes aforesaid; over and above any fine or imprisonment 
which may be awarded to such person; to be sent out of the dominions of the 
Sultan of Muscat for such time as to him shall seem meet; in the manner 
pointed out in the next preceding Article of this Order; notwithstaiiding the 
crime laid to the large of such person may bo the first; of which he has been 
convicted before the Consul. 

17. And it is further ordered; that it shall be lawful for Her Majesty 
Consul; within the dominions of the Sultan of Muscat; upon information 
laid before him by one or more credible witnesses; that there is reasonable 
ground to apprehend that any British subject is about to commit a breach 
of the public peacC; to cause such British subject to be brought before hini; 
and to require such British subject to give sufficient security to keep the ];)eace, 
and; in the event of any British subject being convicted. of and punished for 
a breach of the peace; to cause such British subject; after he shall have 
undergone the punishment which may have been awarded to him by the 
Consul to find security for his good behaviour ; and in the event of any 
British subject who may be required as aforesaid to give sufficient security 
to keep the peacC; or to find security for the good behaviour being unable Or 
wilfully omitting to do sO; then and in any such case it shall be lawdiiil for 
Her Majesty^s Consul to send such British subject out of the dominions of 
the Sultan of .Muscat in the manner pointed out in Article 15 of this Order. 

IS. And it is further ordered; that in all cases in which a British Subject 
sball have been sent out of the dominions of the Sultan of Muscat; as 
provided in the three next preceding Articles of this Order; the Consul 



<3lxiv 


Appendix 3Sro» VI.— Muscat“"-0??i5. Jurisdiction Act, 


sending* him out shall forthwith report such act of deportation^ with the 
grounds of his decision thereon to the High Court of Bombay. 

19. And it is further ordered^ that it shall he lawful for Her 
Majesty^s Consul to cause to be apprehended and brought before him any 
British subject^ who may be charged with smuggling or importing into the 
dominions of the said Sultan any goods whereon any duty shall be charged or 
payable to the said Sultan^ with the intent to evade the payment of such duty^ or 
any goods the importation whereof shall be prohibited ; and such Consul shall 
thereupon proceed with all convenient speed to inquire into the same on oath 
or solemn affirmation^ and to hear the witnesses on both sides with like 
powers and in like manner in all respects as is provided by Article 10 of this 
Order. And it shall be lawful for the Consul^ having inquired into and heard 
the said charge, to determine the. same, and if he shall find the party guilty, 
if the charge against him shall be of importance into the said dominions 
prohibited goods, then to award him to pay a fine not exceeding treble the 
value of the said goods at the current price of the day ; and if the charge 
shall be of smuggling or importing goods with intent to evade the payment 
of duty as aforesaid, then to award him to pay a fine not exceeding treble 
the amount of the duties leviable thereon, and in case of non-payment of any 
such fine or fines to award him to be imprisoned for a period not exceeding 
three months, or it shall be lawful for such Consul, without awarding the pay- 
ment of any fine, to award that such party shall be imprisoned for a period 
not exceeding six months in such place as he shall appoint : Provided always 
that no British subject charged only with importing prohibited goods shall 
be apprehended, unless and until he shall have had one Weeks’s notice to appear 
and answer the charge, and shall have refused, failed, or omitted so to appear, 

20. And it is further ordered, that in case of common assault, it shall be 
lawful for the Consul before whom the complaint is made to promote recon- 
ciliation between the parties, and to suffer compensation and amends to be 
made, and the proceedings thereby to be finally stayed. 

21. And it is further ordered, that a minute of the proceedings in every 
case heard and determined before the Consul, in pursuance of this order, shall 
be carefully drawn up and be signed by the Consul, and shall, in cases where 
the Assessors are present, be open for the inspection of such Assessors and for 
their signature if they therein shall concur ; and every such minute together 
with the depositions of the witnesses, shall be preserved in the public office of 
the said Consul. 

22. And it is further ordered, that save and except as regards offences 
committed by British subjects against the stipulations of any Treaty between 
Her Majesty and the Sultan of Muscat, or against any Kules or Eegulations 
for the observance of the stipulations of any such Treaty or Convention, 
duly affixed and exhibited according to the provision of Article 2 of this 
Order, or against any Rules and Regulations for the peace, order, and good 
government of Her Majesty^s subjects being within the dominions of the 
Sultan of Muscat, no act done by a British subject witliin the dominions of 
the said Sultan shall, by Her Majesty^s Consul,, be deemed and taken to be a 
crime of misdemeanour or offence rendering* the person committing it amen- 



Appendix Wo. VI.— Muscat- -Cons. Jurisdiction Act. 


clxv 


able to punishment, which, if done within any part of Her Majesty^s domi- 
nions, would not by a Court of Justice having* criminal jurisdiction in .Her 
Majesty's dominions have been deemed and taken to be a crime of misde- 
meanour or offence rendering the person committing it amenable to punish- 
ment, and Her Majesty is pleased to appoint, by and with the advice of 
Her Privy Council, Her Majesty's territory of Bombay as the place where 
crimes and offences committed by British subjects within the dominions of 
the Sultan of Muscat, which it may be expedient shall be inquired of, tried, 
determined, and punished within Her Majesty's dominions, shall be so inquired 
of, tried, determined and punished, and Her Majesty's Consul, resident in 
Muscat, shall have authority to cause any British subject charged with the 
commission of any crime or offence, the cognizance whereof may at. any 
time appertain to him, to be sent for trial at Her Majesty's said territory of 
Bombay. 

23. And it is further ordered, that it shall be lawful for Her Majesty's 
Consul to cause any British subject charged with the commission of any 
crime or offence, the cognizance whereof may at any time appertain to him, 
to bo sent in any of Her Majesty's ships of war, or in any British vessel, 
to Her Majesty's territory of Bombay, the trial before the Pligh Court of the 
said territory, and it shall be lawful for the Commander of any of Her 
Majesty's ships of war, or of any British vessel, to receive any such 
person on board with a warrant from the said Consul addressed to the 
Cliief Magistrate of Police of the said territory, and thereupon to keep 
and detain in lawful custody and to convey him in custody to Bombay, 
and on his arrival there to deliver him, with the said warrant into the 
custody of the said Chief Magistrate of Police, or other officer within 
the said territory lawfully acting as such, who, on receipt of the said 
warrant, and of the party therein named, shall be authorized to commit, 
and shall commit such party so sent for trial to the ^common gaol of the 
said territoiy, and it shall be lawful for the keeper of the said common 
gaol to cause such party to be detained in safe and proper custody, and to 
be produced upon the Order of the said High Court, and the tiigh Court 
at the Sessions to be holden next after such committal, shall proceed to hear 
and determine the charge against such party, and to punish him for the same, 
if found guilty, in the same manner as if the crime with which he may be 
charged has been committed within Her Majesty's said territory of Bombay. 

24. And it is further ordered, that Her Majesty's Consul on any occa- 
sion of sending a prisoner to Bombay for trial, shall observe the provisions 
made with regard to prisoners sent for trial to a British Colony in an Act passed 
in the sixth and seventh years of Her Majesty's reign, intituled an Act to 
remove doubts as to the exercise of power and jurisdiction by Pier Majesty 
within divers countries and places out of Pier Majesty's dominions, and to 
render the same more effectual. 

'25. And it is further ordered, that the High Court of Bombay shall 
have and may exercise concurrently with Her Majesty's Consul authority and 
jurisdiction in regard to all suits of a civil nature between British subjects 
arising within any part of the dominions of the Sultan of Muscat: Pro- 



elx¥i 


Appendix iN'o. VI,— Muscat— JurisdicUon Act. 


vided always^ that the said High Court shall not be bound, unless in a fit ease 
it shall deem it right so to do by writ of certiorari or otherwise, to debar or 
prohibit the Consul from hearing and determining, pursuant to the provisions 
of the several Articles of this Order^ any suit of a civil nature between British 
subjects, or to stay the proceedings of the Consul in any such matter. 

26. And it is further ordered, that all fines and penalties imposed under 
this order may be levied by distress and seizure and sale of ships, and of goods 
and chattels ; and no bill of sale, mortgage, or transfer of property made by a 
party accused after his apprehension, or with a view to securing such party 
against any crime of offence committed or to be committed by him, or against 
the consequences thereof shall avail to defeat any of the provisions of this 
Order. 

27. And it is further ordered, that it shall be lawful for Her Majcsty^s 
Consul from time to time to establish Buies of practice to be observed in proceed- 
ings before him, and to make Regulations for defraying the expenses of wit- 
nesses in such proceedings, and the cost of criminal prosecutions and also to 
establish rates and scales of fees to be taken in regard to civil suits heard and 
determined before the said Consul; and it shall be lawful for the said Consul 
to enforce by seizure and sale of goods, or, if there be no sufficient goods, by 
imprisonment, the payment of such established fees, and of such costs or 
expenses as may be adjudged. against the parties or any of them : Provided 
always that a table specifying the rates of fees to be so taken shall be affixed, 
and kept exhibited in the public office of the said Consul. 

28. And it is further ordered, that all fees, penalties, fines and forfei- 
tures levied under this Order, save and except such penalties as may by Treaty 
be payable to the Sultan of Muscat, shall be paid to the public account, and 
shall be applied in diminution of the public expenditure on account of Her 
Majesty^s Consulate iii Muscat : Provided always, that in the event of any 
of the Muscat authorities declining to receive fines payable to the Government 
of Muscat as aforesaid, the same shall also be paid to the public account, and 
applied in the manner last mentioned. 

29. And it is further ordered, that Her Majesty’s Consul within the 
dominions of the Sultan of Muscat shall, for and within the said dominions, 
and for vessels and persons coming within those dominions, and in regard to 
vessels captured on suspicion of being engaged in the slave trade within those 
dominions, have all such jurisdiction as for the time being ordinarily belongs to 
Courts of Vice-Admiralty in Her Majesty’s possessions abroad. And it is 
further ordered, that it shall be lawful for Her Majesty’s Consul to grant 
probate of will or letters of administration to the intestate estate of any 
British subject or any native of a State or place under British protection, wlio 
shall die and leave property within the dominions of the Sultan of Muscat ; and 
if such probate or letters of administration shall not be applied for within 
thirty days after the death of the deceased person, it shall bo lawful for tlie 
Consul to administer to the estate of such person, and for so doing to reserve 
to himself out of the proceeds of such estate, a commission not exceeding two 
and a half per cent, on the account thereof. 



Appondix ITo. VI, — Muscat — Co7is, J^irisdicUon Ad, 


clxvii 


30. And it is further ordered, that a Eegister shall be kept by Her 
Majesty's Consul of all British subjects, and of all natives of British pro- 
tected States in India who may claim British protection, residing within the 
dominions of the Sultan of Muscat; and that every British subject now resid- 
ing within such dominions, who shall not have been already enrolled in such 
Consular Eegister shall, within a reasonable time after the promulgation of 
this Order, such time to be specified in a notice affixed and publicly exhibited 
in the Consular Office, apply to the Consul to be enrolled in such Eegister; 
and every British su])ject who may arrive within the said dominions (except 
British subjects borne on the muster-roll of any British ship arriving in any 
port of Muscat) shall, within a reasonable time after his arrival — such time to 
be specified as aforesaid, also apply to the Consul to be enrolled in such 
Eegister ; and any British subject who shall refuse or neglect to comply to be 
so enrolled as hereinbefore mentioned, and who shall not excuse such refusal 
or neglect to the satisfaction of the Consul, shall not be entitled to be recog- 
nized or protected as a British subject in respect to any suit, dispute, or diffi- 
culty in which he may have been, or may be engaged or involved within the 
dominions of the Sultan of Muscat, at any time when he shall not have been 
or shall not be so enrolled. 

SI. And it is further ordered, that Her Majesty's Consul shall and may 
exercise all or any of the powers which, by any Act or Acts of the Imperial 
Parliament for the Eegulation of merchant seamen, or for the Eegulation of 
the mercantile marine, may now, or at any time hereafter, be exercised by any 
Justice or Justices of the Peace within Her Majesty's dominions. 

32. And it is further ordered, that nothing in this Order contained shall 
be deemed or construed to prevent Her Majesty's Consul, within the domi- 
nions of the Sultan of Muscat, from doing or performing any Act whatsoever 
which British Consuls within any other State in amity With Her Majesty are 
by law, usage, or sufEerance entitled or enabled to do or perform. 

33. And it is farther ordered that every action or suit brought against 
Her Majesty's Consul by reason of any thing done under the authority of 
this Order, shall he commenced within six calender months next after th^ 
doing thereof and not otherwise; and the defendant in every such action or 
suit shall be entitled to the benefit of the provisions made with respect to 
defendants in actions or suits in the said hereinbefore recited Act of the 
sixth and seventh years of Pier Majesty's reign. 

34i. And it is further ordered, that the word Consul" in this Order 
shall include every person duly authorized to act in the aforesaid capacity 
within the dominions of the Sultan of Muscat ; and that in the construction 
of this Order words importing the singular number^ shall, if necessary, be 
understood to include several persons, matters, or things; and words import- 
ing the masculine gender only shall, if necessary, be understood to import the 
fcmiiiine gender, unless there be something in the subject or context repug- 
nant to such construction. 

35. And it is further ordered, that the provisions of this Order, relating 
to British subjects, shall extend and apply to all subjects of Her Majesty 



clxviii 


Appendix No. VI, — Muscat — Cons. Jurisdiction Act. 


wliether by birth or by naturalization^ and also to all persons enjoying* Her 
Majesty^s protection in the dominions of the Sultan of Muscat. And it is 
further ordered^ that this Order shall take effect on and after the first day of 
December next. 

36 . And the Eight Hon^ble Lord Stanley and the Right Hon'’ble 
Sir Stafford Northcote^ Bart., two of Her Majesty^s Principal Secretaries of 
State and the Lords Commissioners of the Admiralty, are to give the neces- 
sary directions herein as to them may respectively appertain. 

(Sd.) Artxiue Helps. 


SOHAR. 

APPENDIX No. 84. 


16 and 17 Vic,y Ca2J. XVI, 


An Act) for carrying into effect tlie Engagement between Her Majesty and Sysd Syf bin 
Hamoop, tbe Chiei^ of Sohar, in Arabia, for tbe more effectual suppression of 
the Slate Trade, dated 9tli May 1853.1 

■\Vliereas on the twenty-second day o£ May^ in the year of our Lord 
one thousand eiglit hundred and forty-nine^ an engagement was concluded 
between Major Henuellj the Resident in the Persian Gulf, on behalf of Her 
Majesty the Queen of the United Kingdom of Great Britain and Ireland, 
and Syed Syf Bin Hamood, Chief of Sohar, in Arabia, whereby it was agreed 
as follows : — 


I, Syed Syf Bin Hamood, Chief of Sohar, with a view to strengthen 
the bonds of friendship existing between me and the British Government, do 
hereby engage to prohibit the exportation of slaves from the coasts of Africa 
and elsewhere on board of my vessels and those belonging to my subjects or 
dependants^ such prohibition to take effect from the twenty-ninth Rujjub 
one thousand two hundred and sixty-five, or the twenty-first day of June 
i\.D. one thousand eight hundred and forty-nine. 

And I do further consent, that whenever the cruizers of the British 
Government fall in with any of my vessels, or those belonging to my subjects 
or dependants, suspected of being engaged in the slave-trade, they may detain 
and search them, and in case of their finding that any of the vessels aforesaid 
have violated this engagement, by the exportation of slaves from the coasts 
of Africa or elsewhere, upon any pretext whatever, they (the government 
cruizers) shall seize and conliseate the same."^^ 

And whereas it is expedient that effectual provision should be made for 
carrying iiito execution the provisions of the said agreement, be it therefore 
enacted by the QueexPs most excellent Majesty, by and with the advice and 
consent of the Lords Spiritual and Temporal and Commons in this present 
Parliament assembled, and by the authority of the same — 


I.— That it shall he lawful for the Commanders and other officers of Her 
^ , . Maiesty^s ships of war, or of the East India 
of voVsI Company to visit and detain, in any seas, any 

belonging to the Chief of Soluir, vessel belonging to^ byed byt Bin Hamood, 

or^ of \m subiects, suspected of Chief of Sohar, in Arabia, or to any of his 

being engaged lu the slave-trade. subject or dependants, which shall upon reason- 
able grounds be suspected of being eng*aged in the traffic in slaves, or having 
been fitted out for that purpose, and to send or carry away such vessel, 
together with its master, sailors, passengers, slaves and cargo, for the purpose 
of such vessel being brought to adjudication as hereinafter mentioned. 


YII 


X 



clxx 


Appendix No. V‘11.—‘So1ib,T— Slave Trade. 


II.— It sliall be lawful for the High Court of Admiralty of England, 

and for all Courts of Vice-Admiralty in any 
As to the trial and condemnation dominions of Her Majesty beyond the seas, 
^J^essels engaged in the slave- tj.oge Courts of Vice-Admiralty within 

the territories under the Government of the 
East India Company, to take cognizance of and try any such vessel which 
shall be detained or captured for the violation of the said agreement, and to 
condemn any such vessel to Her Majesty, and adjudge as to the slaves found 
therein, in like manner, and under such and the like rules and regulations 
as are contained in any Act or Acts of Parliament in force in relation to the 
suppression of the slave-trade by British owned ships, as fully as if all the 
powers and provisions contained in such Acts were re-cnacted in this Act as to 
such liigh Court of Admiralty or Courts of Vice-Admiralty. 


III. — Every person who shall wilfully and corruptly give false evidence 

in any examination or deposition had or affidavit 

‘ ’ ‘ ‘ ‘ menl or this Act sliiill be ileeiiieil guiltj ot per- 

jury, and being thereof convicted shall be subject and liable to all tlie 
punishments, pains,* and penalties to which persons convicted of wilful and 

^ ^ , corrupt periury are liable; and every such 

In case of prosecution in England, i x-ix* i * 

venue may be laid in Middlesex. Pef 0*^. tried for any such perjury, 

either m the place where the offence was com- 
mitted, or in any colony or settlement of Her Majesty near thereto in 
which there is a Court of competent jurisdiction to try any such offence, 
or in Her Majesty^'s Court of Queen^s Bench in England, and that in case of 
any prosecution for such offence in Her Majesty^'s said Court of Qlueen's 
Bench, the venue may be laid in the County of Middlesex, 


IV. — The pendency of any suit or proceeding instituted for the condem- 
Pendency of suits to be a 'bar to nation or restitution of any ship or cargo, or 

any proceedings instituted for the slaves, taken, seized, or detained by virtue of 
recovery of the vessels drtuiued. agreemeut, or the final adjudication, 

condemnation, or judgment or determination thereupon, may be pleaded in 
bar or given in evidence under the general issue, and shall be deemed in 
any Court whatever to be a complete bar in any action, suit, or proceeding, 
whether instituted by any person or persons for the recovery of any such ship, 
vessel, or cargo, or of any damage or for any injury sustained thereby, or by 
the persons on board the same, in consequence of any capture, seizure, or deten-- 
tion, or any thing done under, or in pursuance of, the provisions of the said 
agreement. 

V. Any ship or vessel which shall be condemned as aforesaid may be 
Vessels condemned to be sold for taken into Her Majesty^s service, upon pay- 

Her Majesty’s service or broken ment of such sum as the Lord High Admiral, 

or the Lords Commissioners of the Admiralty, 
shall deem a proper price for the same, or if not so taken, shall be broken up 
and demolished, and the materials thereof shall be publicly sold in separate parts, 
and the proceeds thereof shall be paid to such person or persons as the Com- 
missioners of Her Majesty^s Treasury may appoint to receive the same. 



Appendix K'o. VII.— Soliar— Trade. 


elxxi 


VI. — Where any ship or vessel employed or engaged in snch illicit traffic 
_ , « 1 V n 4?^ in slaves, in violation of the said agreement^ 

ihellmTJe clndemnea,\e enti- stall be seized by any ship or vessel belonging 
tied to tlie proceeds belonging to to Her Majesty or the East India Company 
Her Majesty. and afterwards condemned^ there shall be paid 

to the captors the net proceeds to which Her Majesty is entitled^ the same to 
be distributed in the manner hereinafter directed for the distribution of boun- 
ties on slaves taken on board the said vessels. 


VII. — There shall be paid to the Commanders, Officers^ and crews of 

Her Majesty^s ships^ or the Commanders, 
ca^tmX* Officers, and crews of tbe ships of tbe East 

‘ India Company, a bounty of five pounds for 

every man, woman, and child slave seized and found on board any ship or 
vessel taken and condemned in pursuance of the provisions of the said agree- 
ment and of this Act ; such bounty to be issued and paid by order from the 
Commissioners of Her Majesty^s Treasury, and to be distributed to and 
amongst the captors aforesaid in such manner and proportions as Her Majesty 
shall think fit; to order by any Order in Council made or to be made, or by any 
proclamation for that purpose. 

VIII. — Where any ship or vessel which shall have been seized and con- 
Additional bounty on tonnage of demned under the provisions of the said agiee- 

slave ships captured and demo- ment shall have been or shall be demolished, 

and the materials thereof publicly sold in 
separate parts, as well as her cargo, there shall be paid to the Commanders, 
Officers, and crews of Her Majesty^s ships, or of those of the East India 
Company, in addition to the amount of the proceeds of such sale as herein- 
before mentioned, a further bounty on the tonnage of sUch ship or vessel at 
the rate of thirty shillings for every ton of such tonnage. 

IX. — Where any ship or vessel having no slaves on board shall have been 
Where no slaves are on board a seized and condemned under the provisions of 

ship seized and condemned, an the said agreement, there shall be paid to 
additional bounty on tonnage to be Commanders, Officers, and crews of Her 

' Majesty^s ships, or those of the East India 

Company, an additional bounty upon the tonnage of such ship or vessel at the 
rate of four pounds for every ton ; and the tonnage of all such vessels shall 
be ascertained according to the mode of ascertaining the admeasurement o£ 
British vessels, either by the principal Officer of the Customs at the port 
where tbe vessel may be at the time of condemnation, or, in default thereof, by 
the best evidence which can be obtained ; provided always, that in every case 
iu which any ship or vessel shall be seized with slaves on board, in which the 
bounty calculated upon the number of slaves shall be less than the bounty 
calculated upon the tonnage, the Commanders of Her Majesty^s ships, or of 
those of the East India Company, m^nng the seizure, may elect to take the 
bounty calculated according to tonnage, instead of the bounty which would 
be payable upon the number of slaves on board. 



clxxii 


Appendix Ifo. VII,— Soliar — Slave Trade, 


X. — 'All bounties payable under this Act shall be paid out of the Con- 
Bounties to be paid out of the solidated Fund of the United Kingdom of Great 

Consolidated Fund. Britain and Ireland to the Commanders^ OfficerSj 

and crews of Her Majesty^s ships^ and of the ships of the East India 
Company, and such bounties shall be issued and paid by order from the Com- 
missioners of Her Majesty^s Treasury. 

XI. — In order to entitle the captors to receive the said bounty money, 

the tonnage of the ship or vessel so seized and 
Proof of tonnage. condemned shall be proved to the Commissioners 

of Her Majesty^s Treasury by producing a copy, duly certified, of the sentence 
or decree of condemnation, or by such documentary or other evidence as they 
may deem satisfactoiy. 

XII. — In order to entitle the captors to receive the said bounty money on 
Copy of sentence of condemna- slaves, the number of men, women and children 

tion to be produced to tbe Trca-^ SO taken, delivered over, and condemned shall 
sury. be proved to the Commissioners of Her Majes- 

ty's Treasury by producing a copy, duly certified, of the sentence or decree of 
condemnation, and also a certificate under tbe hand of the proper Officer or 
Officers, Military or Civil, who may be appointed to receive such slaves. 

XIII. — Where any slaves, or persons treated as slaves, shall be seized on 
One moiety of tlie bounty opiy board any ship or vessel taken and condemned 

to be paid in certain cases. in pursuance of the said agreement and of this 

Act, but who shall not have been delivered over in consequence of death, sick- 
ness, or other inevitable circumstance, it shall be lawful for the said Commis- 
sioners of Her Majesty^s Treasury, if to their discretion it shall seem meet, to 
direct payment of one moiety of the bounty which would have been due in 
each case respectively, if the said slaves had been delivered over. 

XIV. — Any party or parties claiming any benefit by way of bounty 

Parties claiming benefit under <^1’® provisions of this Act, or of any 

tins Act may resort to tbe Court share of the proceeds of any vessel confiscated 
of Admiralty. in pursuance of tbe provisions of the aforesaid 

agreement, may resort to the High Court of Admiralty for the purpose of 
obtaining the judgment of the said Court in that behalf ; and that it shall 
be lawful for the Judge of the said High Court of Admiralty to determine 
thereon, and also to hear and determine any question of joint capture which 
may arise upon any seizure made in pursuance of this Act, and also to enforce 
any decrees or sentences of the said Vice- Admiralty Courts relating to any 
such seizure. 

XV. — All the provisions, rules, regulations, forfeitures, and penalties 

Regulations and penalties re- respecting the delivery by Prize Agents of ac- 
specting Prize Agents’ accounts ex- counts tor examination, and the distribution ot 
tended to bounties, &c., under this prize money, and the accounting for and paying 

over thq^ proceeds of prize and the percentage 
due thereon to Greenwich Hospital, shall be extended to all bounties and pro- 
ceeds to be distributed under the provisions of this Act to the Officers aiid 
crews of any of Her Majesty^s ships and vessels of war. 



Appendix No. VII.— Trade. 


clxxiii 


XVI. — ^Where any ship or vessel belonging in whole or in part to the 
Treasury may order payment of before-mentioned Chief ov his subjects or dc- 

costs awarded for vessels detained, pendants shall have been detained and brought 
but not condemned. to adjudication by any Officers of Her Majesty 

the Queen of Great Britain and Ireland^ or of those of the East India Com- 
pany, and the said ship shall he restored by sentence of the Court, it shall be 
lawful for the Commissioners of Her Majesty^s Treasury, by warrant, to 
direct payment to be made out of the Consolidated Fund of the United King- 
dom of Great Britain and Ireland of any costs or damages which may be duly 
awarded : provided always, that nothing herein contained shall exempt such 
Officer from his liability to make good the payments so made when lawfully 
called upon either by the parties interested therein or by order of the said 
Commissioners of Her Majesty^s Treasury. 

XVII. — When any seizure shall be made by any of the Commanders, 

Officers, and crews of Her Majesty^s ships, or 
Treasury may repay to tlie seizor of those of the East India Company, and 

judgment shall he given against the seizor, or 
when such seizure shall be relinquished by him, 
it shall be lawful for the said Commissioners of Her Majesty^s Treasury, if 
to their discretion it shall seem meet, by warrant, to direct payment to be 
made out of the Consolidated Fund of the United Kingdom of Great Britain 
and Ireland, of such costs and expenses as the seizure may have incurred in 
respect of such seizure, or any proportional thereof. 


of any vessel not condemned the 
expenses incurred by him. 



ZANZIBAR. 

APPENDIX No. VIII.— 195. 


Al tie Court at Osborne Eouse^ Isle of Wiglit^ tie Wi day of August 1866. 

PeESENT ; THE QUEEif’s MoST EXCELLENT MaJESTY IN COUNCIL. 


Whereas hj an Act of Parliament made and passed in the session of Par- 
liamentj holden in the 6th and 7th years of Her Majesty's reign, intituled ''An 
Act to remove doubts as to the exercise of power and jurisdiction by Her 
Majesty within divers countries and places out of Her Majesty's dominions, 
and to render the same more effectual," it is, amongst other things, enacted 
that it is and shall be lawful for Her Majesty to hold, exercise, and enjoy any 
power or jurisdiction which Her Majesty now hath, or may at any time here- 
after have, within any country or place out of Her Majesty's dominions, in the 
same and as ample a manner as if Her Majesty had acquired such power or 
jurisdiction by the cession or conquest of territory : 

And whereas Her Majesty hath power and jurisdiction in the dominions 
of His Highness the Sultan of Zanzibar and its dependencies ; 

And whereas it is expedient to make provision for the due and effectual 
exercise of such power and jurisdiction : 

1. Now, therefore, in pursuance and by virtue of the said recited Act 
of Parliament, Her Majesty is pleased, by and with the advice of Her Privy 
Council, to order, and it is hereby ordered, that Her Majesty's Consuls 
appointed to reside in the dominions of the Sultan of Zanzibar shall have full 
power and authority to carry into effect, and to enforce by the means and in 
the manner hereinafter mentioned, and provided, the observance of the stipu- 
lations of any Treaty or Convention or of any regulations appended to any 
Treaty or Convention, now existing, or which may hereafter be made between 
Her Majesty, her heirs and successors, and the Sultan of Zanzibar, his heirs 
and successors ; and to make and to enforce, by fine or imprisonment, or both, 
rules and regulations for the observance of the stipulations of any such Treaty 
or Convention, and for the peace, order, and good government of Her Majesty's 
subjects, being within the dominions of the Sultan of Zanzibar, his heirs 
and successors. 

2. And it is further ordered, that a copy of all such rules and regu- 
lations made by the said Consul shall forthwith be affixed, and kept affixed 
and exhibited in some conspicuous place in the public office of the said Con- 
sul, and that printed copies of the said rules and regulations shall, as soon as 
possible, be provided by the said Consul and sold at a price not exceeding 
one dollar for each copy; and for the purpose of convicting any person 
offending against the said rules and regulations, and for all other purposes 
of law whatsoever, a printed copy of the said rules and regulations certified 



Appendix IKTo. VIII, — Zanzibar — Cons, Jurisdiction Act, 


elxxv 


under tlie band of tbe said Consul to be a true copy thereof^ shall be taken 
as conolusiYe evidence of sucb rules and regulations and all things therein 
respectively contained^ and no penalty shall be incurred or shall be enforced 
for the breach of any such rules and regulations to be hereafter made^ until 
the same shall have been so affixed and exhibited for one calendar month in 
the public office of the Consul : Provided always^ that any such rule or 
regulation made by Her Majesty^s Consul, and to be enforced by a penalty, 
shall, before the first day on which the same shall be so affixed or exhibited, 
be transmitted to Her Majesty^'s Principal Secretary of State for Foreign 
Affairs for allowance or disallowance ; and if any such rule or regulation shall 
be disallowed by Her Majesty^s Principal Secretary of State for Foreign 
Affairs, the same shall cease to have effect from the receipt by the Consul of 
such disallowance, nevertheless, the Consul shall not be liable to be proceeded 
against in any of Her Majesty^s Courts in regard to any act done by him 
under such rule or regulation previously to the receipt of its disallowance by 
such Consul. 

3. And it is further ordered, that it shall be lawful for Her Majesty^s 
Consul as aforesaid, upon information or upon the complaint of any person 
that a British subject has violated any of the stipulations of any Treaty or 
Convention, or of any regulations appended to any Treaty or Convention, 
between Her Majesty and the Sultan of Zanzibar, or has disregarded 
or infringed any of the rules or regulations for the observance of the 
stipulations of any such Treaty or Convention affixed and exhibited according 
to the provisions of the next preceding article of this Order, to summon 
before him the accused person and to receive evidence and to examine witnesses 
on oath, as to the guilt or innocence of such person in regard to the offence 
laid to his charge, and to award such penalty of Ijine or imprisonment 
against any person convicted of an offence against any such Treaty or 
Convention or appended regulations, or against the said rules and regulations, 
as may be specified therein respectively; and any charge against a British 
subject fbr a breach of any such Treaty or Convention, or appended regulations, 
or for a breach of such rules and regulations for the observance of any such 
Treaty, shall be heard and determined by the Consul without assessors: 
Provided always, that in no case shall the penalty to be incurred by a breach 
of such rules and regulations exceed 500 dollars or 3 calendar months^ impri- 
sonment. 

4. And it is further ordered, that any charge against a British subject 
for a breach of rules and regulations other than those relating to the observ- 
ance of Treaties shall, in like manner, be heard and determined by Her Majes- 
ty's Consul; and in all cases in which the penalty shall not exceed ^00 
dollars, or one calendar month^s imprisonment, the Consul shall hear and 
determine the charges summai'ily without the aid of assessors; hut where a 
penalty attached to a breach of the rules and regulations other than those 
relating to the observance of Treaties shall amount to more than 200 dollars, or 
to imprisonment for more than one calendar month, tbe Consul, before he shall 
proceed to hear the charge, shall summon two disinterested British subjects of 
good repute to sit with him as assessors, which assessors, however, shall have 



clxxvi 


Appendix ITo. VIII.— Zanzibar— Jurisdiction Act. 


no authority to decide on the innocence or guilt o£ the person charged^ or on 
the amount of fine and imprisonment to he awarded to him on convictioUj 
hut it shall rest with the Consul to decide on the guilt or innocence of the 
person charged^, and on the amount of fine or imprisonment to he awarded to 
him : Provided always^ that in no ease shall the penalty to he attached to a 
breach of rules and regulations other than those for the observance of Treaties 
exceed 500 dollars, or 3 calendar months" imprisonment; and provided further, 
that in the event of the said assessors, or either of them, dissenting from the 
conviction of the party charged, or from the penalty of fine or imprisonment 
awarded to him hy the Consul, the Consul shall take a note of such dissent, 
with the grounds thereof, and shall require good and sufficient security for the 
appearance of the person convicted at a future time, in order to undergo his 
sentence or receive his discharge; and in default of such security being given, 
it shall be lawful for the Consul to cause the person to be detained in custody 
until such security is given. 

5. And it is further ordered, that ’ if any person who shall have com- 
mitted or been charged with any breach of or offence against any such 
Treaty or Convention, or any such rules and regulations as aforesaid, shall 
escape or remove from the Consular district within which the fact was com- 
mitted, and shall be found within another Consular district, it shall be lawful 
for the Consul, within which district such person shall be so found, to proceed 
against him in the same manner as if the fact had been committed within 
such district. 

6. And it is further ordered, that all suits, disputes, differences, and 
causes of litigation of a civil nature arising between British subjects within 
the dominions of the Sultan of Zanzibar, shall be heard and determined by 
Her Majesty"s Consul, who shall be the sole judge and arbiter thereof 
respectively; subject nevertheless to an appeal against the decision of the Con- 
sul therein to the High Court of Bombay, in cases where the sum or matter 
at issue is of the amount or value of 200 dollars or upwards : Provided 
always, that the party intending so to appeal against the decision of the said 
Consul shall, within 15 days after the determination of the case by the 
Consul, by himself or his agent, give to the Consul notice in writing of his 
appeal to the said High Court of Bombay ; whereupon the Consul shall, as 
speedily as possible, transmit to the said High Court all the documents which 
were produced before him in the case, and none other, together with a state- 
ment of the evidence taken before him in the case and of the grounds on 
which his decision was formed and shall forthwith notify to the several 
parties the transmission of the said proceedings to the said High Court : 
Provided also, that it shall be lawful for the Consul to require from any 
person so appealing to the said High Court reasonable security, to consist 
in part of one or two sufficient sureties, to be approved by the Consul, that 
such person so applying will duly prosecute his appeal, and will abide by 
the decision to be given therein by the said High Court, and that in case 
such appeal shall fail, he will answer and satisfy all costs, loss, and damages 
sustained by the other party by reason of such appeal. 

7. And it is further ordered, that it shall be lawful for Her Majesty"s 
Consul to summon not less than two and not more than four disinterested British 



Appendix 'No. VIII.— -Zanzibar— C ok5. Jurisdiction Act. 


clxxvii 


subjects o£ good repute to sit with bim as assessors at the hearing of any 
suit; dispute; difference; or cause of litigation whatever of a civil nature 
brought before him for decision; and in case the sum sought to be recovered 
shall exceed 500 dollars such suit shall not be heard by the Consul without 
assessors; if within a reasonable time such assessors can be procured; but 
the assessors aforesaid shall have no authority to decide on the merits of such 
suit ; but in the event of such assessors; or any of thecU; dissenting from 
the decision of the Consul; the Consul shall enter the fact of such dissent 
and the grounds thereof in the minutes of the proceedings; and in case of 
appeal shall transmit the same to the High Court of Bombay^ together with 
the documents relating to the suit. 

8. And it is further ordered; that it shall be lawful for Her Majesty^s 
Consul to enforce his decision in favour of or against a British subject iu a 
civil suit; dispute; difference; or cause of litigation; by distress and sale; or 
imprisonment; in like manner as a decision of the High Court of Bombay in 
a civil suit is enforced within the same. 

9. And it is further ordered; that in case of an appeal to the High 
Court of Bombay from the decision of Her Majesty^s Consul; it shall be 
lawful for the said High Court, upoti such terms as to costs and otherwise 
as it shall think proper, to admit any further legal evidence besides that 
adduced before the Consul; on its being established to the satisfaction of the 
said High Court; by oath or affidavit; that the party desiring to produce such 
further evidence; was ignorant of the existence of such evidence; or was 
taken by surprise at the hearing before the Consul; or was unable to produce 
it before the Consul after due and reasonable diligence and exertion on his 
part; or where, under the circumstances of the case, it shall appear to the 
said High Court that further evidence ought to be received. 

10. And it is further ordered, that Her Majesty^s Consul shall have 
power in any civil suit, dispute, difference, or cause of litigation, to examine 
on oath; or in such form and with such ceremonies as the witness may 
declare to be binding on his conscience, any witness who may appear before 
him, and shall have power, on the application of any party in such suit, to 
issue a compulsory order for the attendance of any person being a British 
subject who may be competent to give evidence in such suit; and any British 
subject who shall have been duly served with any such compulsory order, and 
with a reasonable notice of the day of hearing such suit, and upon his 
expenses of appearing as a witness having been paid or tendered to him by 
the party a.t whose application he shall have been ordered to attend, shall, 
OB his wilful default to appear as a witness at the hearing of such suit, be 
punished with a fine not exceeding 100 dollars, or with imprisonment for a 
period not exceeding 30 days, at the discretion of said Consul. 

11. Every witness, being a British subject, so examined on oath, 
whether before the Consul or before a Kadi or other officer of the Zanzibar 
Government, duly authorized to act judicially, who shall in any such exami- 
nation give wilfully false testimony may be convicted of and punished for 
the crime of wilful and corrupt perjury.^ 

VII 


y 



clxxviii 


Appendix I^o. VIII.— Zanzibar— Co«.9. Jurhdktlon Act. 


12. And it is further ordered, that it shall he lawful for Her Majesty's 
Consul to promote the settlement of any civil suit, dispute, difference, or 
cause of litigation, by amicable agreement between the parties; and, with 
the consent of the several parties, to refer the decision of a suit or contention 
to one or more arbitrators, and to take security from the parties that they 
will be bound by the result of such arbitration; and the award of such, arbi- 
trator or arbitrators shall be, to all intents and purposes, deemed and taken 
to be a judgment or sentence of Her Majesty's Consul in such civil suit, 
dispute, diflerence, or cause of litigation, and shall be entered and recorded as 
such, and shall have the like effect and operation, and shall he enforced accord- 
ingly, and shall be final and conclusive to all intents and purposes, and shall 
not be open to appeal, unless the same shall, within a reasonable time, have 
been ordered by the Consul to be set aside, on the ground that it is not final, 
or is defective, or that the arbitrator or arbitrators have exceeded their autho- 
rity, or have been guilty of misconduct in the matter. 

13. And it is further ordei'ed, that it shall be lawful for Her Majesty's 
Consul to cause to be apprehended and brought before him any British subject 
who may be charged with having committed any crime or offence within the 
dominions of the Sultan of Zanzibar ; and such Consul shall thereupon pro- 
ceed within all convenient speed to enquire of the same, and for such purpose 
shall have power to examine on oath, or in sueb form and with such ceremony 
as the witness shall declare to he binding on his conscience, any witness who 
may appear before him to prove the ci)arge, and also shall have power to 
compel any person, being a British subject, who may he competent to give 
evidence as to the guilt or innocence of the party so charged to appear and 
give evidence, and to punish the wilful default of any such person to appear 
and give evidence, after reasonable notice of the day of the liearing of such 
charge, by fine or imprisonment, in like manner as is provided in Article 10 
of this Order, and shall examine every such witness in the presence and hea,r- 
ing of the party accused, and shall afford the party accused all reasonable 
facility for cross-examining such wdtness, and shall cause the dcpositioii of 
every such witness to be reduced to writing, and the same to be read over 
and^ if necessary, explained to the party accused, together with any other evi- 
dence that may have been ui-ged against him during the course of the enquiry, 
and shall require such accused party to defend himself against the cluirge 
brought against him, and, if necessary, advise him of the legal (‘ffeet of any 
voluntary confession, and shall take the evidence of any witness whom the 
accused party may tender to be examined in his defence; and every witness, 
being a British subject, so examined as aforesaid who shall upon any such 
occasion give wilfully false testimony may be convicted of, and punished for 
the crime of wilful and corrupt perjury : and, when the case has been fully 
enquired into, and the innocence or guilt of the person accused has been estab- 
lished to the satisfaction of the Consul, the Consul, as the ease may be, shall 
either discharge the party accused from custody if satisfied of his 'mDoeeitee, 
or proceed to pass sentence on him if satisfied of his guilt; aiul it shall be 
lawful for the Consul, having enquired of, tried, and determined in the manner 
aforesaid any charge which may be brought before him, to award to the party 



Appendix li'o. VIII.— Zanzibar— Jurisdiction Act. 


elxxix 


convicted any amount of pnnislnnent not exceeding imprisonment for one 
calendar month, or a fine of 200 dollars. 

14. And it is further ordered^ that if the crime or offence whereof 
any ])erson, being a British subject, may be accused before Her Majesty^s 
CoDsul as aforesaid, shall appear to such Consul to be of such nature as, if 
proved, would not be adequately punished by the infliction of such punish- 
ment as aforesaid, it shall l)e lawful for such Consul to summon not less 
than two, or not more than four, disinterested British subjects of good repute to 
sit with him as assessors for enquiring of, trying,, and determining the charges 
against such person ; and the Consul, when he shall try any such charge 
with the assistance of assessors as aforesaid shall, if he is himself convinced 
of the guilt of the party accused, have power to award any amount of 
punishment not exceeding imprisonment for 12 calendar months, or a fine of 
1,000 dollars; and the assessors aforesaid shall have no authority to decide 
on the innocence or guilt of the party accused, or on the amount of punish- 
ment to be awarded to him on conviction ; but in the event of the said 
assessors, or any of them, dissenting from the conviction of, or from the 
amount of punislnncnt awarded to, the accused party, the assessors or assessor 
so dissenting shall be aritliovizod to record in the minutes of the proceedings 
the grounds on which they or he may so dissent, and the Consul shall forth- 
with report to the High Court at Bombay the iact of such dissent, and of its 
having been so reeorded in the minutes of the proceedings, and shall, as soon 
as possible, lay before the said Court copies of the whole of the depositions 
and proceedings, with the dissent of the assessor or assessors recorded therein ; 
and it shall be lawful thereupon for the Court, by warrant under seal addressed 
to the Consul, to confirm, or vary, or remit altogether, as to the Court may 
seem lit, the sentence and punishment awarded to the ptjurty accused, and such 
Consul shall give immediate effect to the injunction lof any such warrant: 
Provided always, that in any ca.se in which the assessor or assessors shall 
dissent from the conviction of, or from the amount of punishment awarded 
to the accused part}^, it shall be lawful for Her Majesty^s- Consul to take good 
and sufficient bail from the accused party to appearand undergo the punish- 
ment awarded to him, provided the same or any portion thereof he confirmed 
by the Court, which punishment so confirmed shall commenee and take effect 
from the day on which the decision of the Court shall be notified to the 
party accused. 

15. And in order more effectnalTy to repress crimes and offences on the 
part of British subjects within tlie dominions of the Sultan of Zanzibar, it 
is further ordered, that it shall and may be lawful for Her Majesty's Consul 
to cause any British subject who shall have been twice convicted before him 
of any crime or offence, and punished for the same, and who, after execution 
of the sentence of the Consul, or any second conviction, shall not be able to 
find good and sufficient security to the satisfaction of the Consul for his 
future good behaviour, or who having been deported under any sentence, 
shall, during such sentence, return, to be sent out of the dominions of the 
Sultan of Zanzibar ; and to this end the Consul shall have power and autho- 
rity as soon as may be practicable after execution of the seiitciice on such 



clxxx 


Appendix No. VIIL— Sanaibar — Cons. Junsdlcthn Act 


second conviction^ to send any such twice convicted party^ or any person so 
returning as aforesaid, to Bombay, and in the meantime to detain such party 
in custody until a suitable opportunity for sending him out of the dominions 
of the Sultan of Zanzibar shall present itself; and any persons so to be sent 
out of the said dominions as aforesaid shall be embarked in custody on board 
of one of Her Majesty^s vessels of war, or, if there shall be no such vessels 
available for such purpose, then on board any British vessel bound to Bom- 
bay; and it shall be lawful for the Commander of any of Her Majesty^s 
ships of war, or of any British vessel bound to Bombay, to receive any such 
person as aforesaid under a warrant from the Consul to him addressed, and 
thereupon to convey such person in custody to Bombay as aforesaid, in the 
same manner as if he were a distressed British subject, unless he shall be 
willing and able himself to defray the expenses of his passage. 

16. And it is further ordered, that in any case in which any British 
subject shall be accused before Her Majesty^s Consul of the crime of arson, 
or housebreaking, or cutting and maiming, or stabbing or wounding, or of 
any assault endangering life, or of wilfully causing any bodily injury danger- 
ous to life, or of wilful or corrupt perjury, or of engaging in or being 
accessory to the purchase or sale of slaves, or of having slaves illegally in 
his possession, the proceedings before the Consul shall be carried on with 
the aid of assessors convened in the manner aforesaid; and it shall be lawful 
for the Consul, if to him it shall seem fit, to cause any person convicted before 
him of any of the crimes aforesaid, over and above any fine or imprisonment 
which may be awarded to such person, to be sent out of the dominions of the 
Sultan of Zanzibar for such time as t^o him shall seem meet, in the manner 
pointed out in the next preceding Article of this order, notwithstanding the 
crime laid to the charge of such persoh may be the first of which he has been 
convicted before the Consul. 

17. And it is further ordered, that it sliall he lawful for Her Majesty^s 
Consul within the dominions of the Sultan of Zanzibar, upon information 
laid before him by one or more credible witnesses that there is reasonable 
ground to apprehend that any British subject is about to commit a breacli ol: 
the public peace, to cause such British subject to be brought before him, 
and to require such British subject to give sufficient security to keep tha- 
peace; and in the event of any British subject being convicted of, and 
punished for a breach of the peace, to cause such British subject, after he 
shall have undergone the punishment which may have been awarded to him 
by the Consul, to find security for bis good behaviour; and in the event of 
any British subject who may be required as aforesaid to give sufficient secu- 
rity to keep the peace, or to find security for his good behaviour, being 
unable or wilfully omitting to do so, then and in any such case it shall be 
lawful^ for Her Majesty's Consul to send such British su!)ject out of the 
dominions of the Sultan of Zanzibar, iu the manner pointed out in Article 
15 of this Order. 

18. And it is furtlier ordered, that in all cases in which a British 
subject shall have been sent out of the dominions of the Sultan of Zanzibar, 
as provided in the three next preceding Articles of this Order, the Consul 



Appendix No. Vlll.—Zanzibar — Cons. Jurisdiction Act. 


clxxxi 


sending him out shall forthwith report such act of deportation^ with the grounds 
of his decision thereon^ to the High Court at Bombay. 

19. And it is further ordered^ that it shall be lawful for Her Majesty^s 
Consul to cause to be apprehended and brought before him any British subject 
who may be charged with smuggling or importing into the dominions of the 
said Sultan any goods whereon any duty shall be charged or payable to 
the said Sultan^ with the intent to evade the payment of such duty, or any 
goods the importation whereof shall be prohibited; and such Consul shall 
thereupon proceed with all convenient speed to enquire into the same on oatb,^ 
or solemn affirmation, and to hear the witnesses on both sides, with like 
powers and in like manner in all respects as is provided by Article 10 of this 
Order. And it shall be lawful for the Consul, having enquired into and 
heard the said charge, to determine the same, and if he shall find the party 
guilty, if the charge against him shall be of importing into the said dominions 
prohibited goods, then to award him to pay a fine not exceeding treble the 
value of the said goods at the current price of the day; and if the charge 
shall be of smuggling or importing goods with intent to evade the payment 
of duty as aforesaid, then to award him to pay a fine not exceeding treble 
the amount of duties leviable thereon, and in case of non-payment of any 
such fine or fines, to award him to be imprisoned for a period not exceeding 
three months, or it shall be lawful for such Consul, without awarding the.pay- 
ment of any fine, to award that such party shall be imprisoned for a period 
not exceeding six months in such place as he shall appoint : Provided always, 
that no British subject charged only with importing prohibited goods shall be 
apprehended, unless and until he shall have had one w^eek^s notice to appear 
and answer the charge, and shall have refused, failed, or omitted so to appear. 

20. And it is further ordered, that in eases of common assault it shall 
be lawful for the Consul before wffiom the complaint is made, to promote 
reconciliation between the parties, and to suffer compensation and amends to 
be made, and the proceedings thereby to he finally stayed. 

21. And it is further ordered, that a minute of the proceedings in 
every ease heard and determined before the Consul, in pursuance of this 
Order, shall be carefully drawn up, and be signed by the Consul, and shall, 
in cases where the assessors are present, be open for the inspection of such 
assessors and for their signature if they therein shall concur; and every such 
minute, together with the depositions of the witnesses, shall be preserved in 
the public office of the said Consul. 

22. And it is further ordered, that save and except as regards offences 
committed by British subjects against the stipulations of any Treaty betw>^een 
Her Majesty and the Sultan of Zanzibar, or against any rules and regula- 
tions for the observance of the stipulations of any such Treaty or Convention, 
duly affixed and exhibited according to the provisions of Article 2 of this 
Order, or against any rules and regulations for the peace, order, and good 
government of Her Majesty^s subjects being within the dominions of the 
Saltan of Zanzibar, no act done by a British subject within the dominions 
of the said Sultan shall by Her Majesty's Consul be deemed and taken to be a 
crime or misdemeanour, or offence rendering the person committing it amenable 



clxxxii 


Appendix Ho. VIII.— Zanzibar — Cons, Jurisdiction Act. 


to punisLment^ which i£ done within any part of Her Majesty^s dominions^ 
would not by a court of justice having criminal jurisdiction in Her Majesty^s 
dominions^ have been deemed and taken to be a crime or misdemeanour or 
offence rendering the person committing it amenable to punishment ; and ILu' 
Majesty is pleased to appoint, by and with the advice of Her Privy Council, 
Her Majesty’s territory of Bombay as the place where crimes and olfences 
committed by British subjects within the dominions of the Sultan of Zanzi- 
bar, which it may be expedient shall be enquired of, tried, determined, and 
punished within Her Majesty^s dominions shall he so enquired of, tried, 
determined, and punished; and Her Majestys Consul resident in Zanzibar 
shall have authority to cause any British, subject charged with the commission 
of any crime or offence, the cognizance whereof may at any time appertain 
to him, to be sent for trial at Her Majesty^s said territory of Bombay. 

23. And it is further ordered, that it shall be lawful for Her Maj{'sty^s 
Consul to cause any British subject charged with the commission of any crime, 
or offence, the cognizance whereof may at any time appertain to him, to be 
sent, in any of Her Majesty's ships of war, or in any British vessel, to 
Her Majesty's territory of Bombay, for trial before the High Court of the said 
territory; and it shall be lawful for tbe Commander of any of Her Majesty's 
ships of war, or of any British vessel, to receive any such person on board, 
with a warrant from the said Consul addressed to the Chief Magistrate of 
Police of the said territory; and thereupon to keep and detain in lawful 
custody, and to convey him in custody to Bombay, and on his arrival 
there to deliver him, with the said warrant, into the custody of the said 
Chief Magistrate of Police, or other officer within the said territory lawfully 
acting as such, who, on receipt of the said warrant, and of the parly tlicrciu 
named, shall he authorized to commit, and shall commit, such party so sent 
for trial to the common gaol of the said territory ; and it shall he lawful 
for the keeper of the said common gaol to cause such party to bo detained 
in safe and proper custody, and to be produced upon the order of tlic said 
High Court; and the High Court at the sessions to be holden next after 
such committal shall proceed to hear and determine the charge against such 
party, and to punish him for the same, if found guilty, in the same manner 
as if the crime with which he may be charged had been committed within 
Her Majesty's said territory of Bombay. 

24. And it is further ordered, that Her Majesty's Consul, on any occa- 
sion of sending a prisoner to Bombay for trial, shall observe tlie provisions 
made with regard to prisoners sent for trial to a British colony in an Act 
passed in the 6th and 7th years of Her Majesty's reign, intituled An Act 
to remove doubts as to the exercise of power and jurisdiction by Her 
Majesty within divers countries and places out of Her Majesty's dominions, 
and to render the same more elfectual." 

25. And it is further ordered, that the High Court of Bombay shall 
have and may exercise, concurrently with Her Majesty's' Consul, authority 
and jurisdiction in regard to all suits of a civil nature between British subjects 
arising wdthin any part of the dominions of the Sultan of Zanzibar: Pro- 
vided always, that the said High Court shall not be bound, unless in a fit ease 



Appendix 'No, VIII.— Zanzibar— Jurisdidion Ad, 


clxxxiii 


it shall deem it right so to do, by writ of certiorari or otherwise, to debar 
or prohibit the Coiisal from hearing and determining, pursnant to the pro- 
visions of the several Articles of this Order, any suit of a civil ^ nature 
between British subjects, or to stay the proceedings of the Consul in such 
matter. 

26. And it is further ordered, that all fines and penalties imposed under 
this Order may be levied by distress and seizure, and sale of ships, and of 
goods and chattels; and no bill of sale, mortgage, or transfer of property 
made by a party accused after bis apprehension, or with a view to securing 
such party against any crime or offence committed or to be committed by him, 
or against the consequences thereof, shall avail to defeat any of the provisions 
of this Order. 

27. And it is farther ordered, that it shall be lawful for Her Majesty^s 
Consul, from time to time, to establish rules of practice to be observed in 
proceedings before him, and to make regulations for defraying the expenses 
of witnesses in such proceedings, and the cost of criminal prosecutions, and 
also to establish rates and scales of fees to be taken in regard to civil suits 
beard and determined before the said Consnl ; and it shall be lawful for the 
said Consul to enforce by seizure and sale of goods, or, if there be no sufficient 
goods, by imprisonment, the payment of such established fees, and of such 
costs or expenses as may be adjudged against the parties, or any of them : 
Provided always, that a table specifying the rates of fees to be so taken 
shall be affixed, and kept exhibited in the public office of the said Consul, 

28. And it is further ordered, that all fees, penalties, fines, and forfei- 
tures levied under this Order, save and except such penalties as may by Treaty 
be payable to the Sultan of Zanzibar, shall be paid to the public account, and 
shall be applied in diminution of the public expenditure on account of Her 
INiajesty^s Consulate in Zanzibar : Provided always, that in the event of any 
of the Zanzibar authorities declining to receive fines payable to the Govern- 
ment of Zanzibar as aforesaid, the same shall also be paid to the public 
account, and applied in the manner last mentioned. 

29. And it is further ordered, that Her Majesty^s Consul wdthin the 
dominions of the Sultan of Zanzibar shall, for and wifcliin the said domi- 
nions, and for vessels and persons coming wuthin those dominions, and in 
regard to vessels captured on suspicion of being engaged in the slave-trade 
within those dominions, have all such jurisdiction as for the time being 
ordinarily belongs to Courts of Vice-Admiralty in Her Majesty^'s posses- 
sions abroad. And it is further ordered, ^ that it shall be lawful for Her 
Majesty Consul to grant pi’obate of will or letters of administration to 
the intestate estate of any British subject, or any native of a State or place 
under British protection^ who shall die and leave property within the domi- 
nions of the Sultan of Zanzibar; and if such probate or letters of adminis- 
tration shall not be applied for within 30 days after the death of the deceased 
person, it shall be lawful for the Consul to administer to the estate of such 
person, and for so doing to reserve to himself out of the proceeds of such 
estate a commission not exceeding 2^ per cent, on the account thereof. 



clxxxiv 


Appendix ITo. VIII. — Zanzibar — Cons. Jurlsdlotion Act 


30. And it is further ordered, that a register shall be kept by Her 
Majesty^s Consul of all British subjects, and of all natives of British-protected 
States in India who may claim British lU’oteetion, residing within the domi- 
nions of the Sultan of Zanzibar; and that every British subject now residing 
within such dominions who shall not have been already enrolled in such 
Consular register, shall, within a reasonable time after the promulgation of 
this Order, such time to be specified in a notice affixed and publicly exhibited 
in the Consular Office, apply to the Consul to be enrolled in such register; 
and every British subject who may arrive within the said dominions (except 
British subjects borne on the muster-roll of any British ship arriving in any 
port of Zanzibar) shall, within a reasonable time after his arrival, such time 
to he specified as aforesaid, also apply to the Consul to he enrolled in such 
register; and any British subject who shall refuse or neglect to comply to be 
so enrolled as hereinbefore mentioned, and who shall not excuse such refusal 
or neglect to the satisfaction of the Consul, shall not be entitled to be recog- 
nized or protected as a British subject in respect to any suite, dispute, or 
difficulty in which he may have been, or may be, engaged or involved within 
the dominions of the Sultan of Zanzibar, at any time when he shall not have 
been or shall not be so enrolled. 

31. And it is further ordered, that Her Majesty^s Consul shall and may 
exercise all or any of the powers which, by any Act or Acts of the Imperial 
Parliament for the regulation of the merchant seamen, or for the regulation 
of the mercantile marine, may now or at any time hereafter be exercised by 
any justice or justices of the peace within Her Majesty^s dominions. 

32. And it is further ordered, that nothing in this Order contained 
shall be deemed or construed to prevent Her Majesty^s Consul witiiin the 
dominions of the Sultan of Zanzibar from doing or performing any act what- 
soever which British Consuls within any other State in amity with Her 
Majesty are by law, usage, or sufferance entitled or enabled to do or per- 
form. 

33. And it is further ordered, that every action or suit brought against 
Her Majesty^s Consul by reason of anything done under the authority of 
this Order shall be commenced within six calendar months next after the 
doing thereof, and not otherwise ; and the defendant in every such action 
or suit shall he entitled to the benefit of the provisions made with respect 
to defendants in actions or suits in the said hereinbefore recited Act of the 
6th and 7th years of Her Majesty^s reign. 

34. ^. And it is further ordered, that the word ConsuP^ in this Order 
shall include every person duly authorized to act in the aforesaid capacity, 
within the dominions of the Sultan of Zanzibar; and that, in tbc construc- 
tion of this Order, words importing the singular number shall, if necessary, 
be understood to include several persons, matters, or things; and words 
importing the masculine gender only shall, if necessary, be understood to 
import the feminine gender, unless tliere be something in the subject or con- 
text repugnant to such construction. 

35. And it is further ordered, that the provisions of this Order, relating 
to British subjects, shall extend and apply to all subjects of Her Majesty 



Appendix No. VIII.— Zanzibar— Cows. Jiirisdietlon Act, 


clxxxv 


whether by birth or by naturalization^ and also to all persons enjoying Her 
Majest37^s protection in the dominions of the Sultan of Zanzibar : And it 
is further ordered^ that this Order shall take effect on and after the 1st day 
of September next. 

36. And the Right Honourable Viscount Cranborne and the Right 
Honourable Lord Stanley^ two of Her Majesty^s Principal Secretaries of 
State^ and the Lords Commissioners of the Admiralty^ are to give the 
necessary directions herein^ as to them may respectively appertain. 


AiiTiiTJK Helps. 



irUSCAT. 

APPENDIX No. I^.—Page 196. 


Teeaty of Amity and Commeece between tbe United. States of Ameeica and IIis 
Majesty Syud Sueed Bin Sultan, of Muscat, and bis Dependencies. 

Auticle I. 

There shall be a perpetual peace between the United States of America and 
His Majesty Syud Sueed Bin Sultan of Muscat^ and his dependencies, 

Auticle II. 

The citizens of the United States shall have free liberty to enter all the 
ports of His Majesty Syud Sueed Bin Sultan, with their cargoes, of wliat- 
ever kind the said cargoes may consist, and they shall have liberty to sell the 
same to any of the subjects of the Sultan, or others who may wish to purchase 
the same, or to barter the. same for any produce or manufactures of the 
kingdom or other articles that may be found there. No price shall be fixed 
by the Sultan or his officers on the articles to be sold by the merchants of the 
United States, or the merchandize they may wish to buy; but the trade shall 
be free on both sides to sell or buy, or exchange, on the terms and for the 
prices the owners may think fit; and whenever "the said citizens of the United 
States may think fit to depart, they shall be at liberty to do so ; and if any 
officer of the Sultan sliall contravene this Article he shall be severely punished. 
It is understood and agreed, however, that the articles of muskets, powder, and 
ball can only be sold to the Government in the Island of Zanzibar, but 
in all other ports of the Sultan the said munitions of war may be freely 
sold without any restriction whatever to the highest bidder. 

Article III. 

Vessels of the United States entering any port within the Sultana's domi- 
nions, shall pay no more than five per cent, duties on the cargo landed, and 
this shall be in full consideration of all import and export duties, tonnage, 
license to trade, pilotage, anchorage, or any other charge whatever. Nor shall 
any charge he paid on that part of the cargo which shall remain on board 
unsold and re-exported. Nor shall any charge whatever he paid on any vessel 
of the United States, which may enter any of the ports of His Majesty for 
the purpose of refitting, or for refreshments or to inquire the state of the 
market. 

Article IV. 

That American citizens shall pay no other duties on export or imiiox't, 
tonnage, license to trade, or other charge whatsoever than the nation the 
most favored shall pay. 



clxxxviii 


Appendix Ko. IX.— Muscat. 


Whereas the undersigned Edmund Roberts^, a citizen o£ the United States 
o£ America and a resident of Portsmouth in the State of New Hampshire^ 
being duly appointed a Special Agent by Letters Patent under the signature 
of the President^ and seal of the United States of America^ bearing date 
at the City of Washington, the tweiity-sixth day of January, Anno Domini 
one thousand eight hundred and thirty-two, for negotiating and concluding a 
Treaty of Amity and Commerce between the United States of America and 
PI is Majesty Syud Sueed Bin, Sultan, of Muscat: now know ye, that I, 
Edmund Roberts, Special Agent as aforesaid, do conclude the foregoing Treaty 
of Amity and Commerce, and every Article and Clause therein contained, 
reserving the same nevertheless, for the final ratification of the President of 
the United States of America, by and with the advice and consent of the 
Senate of the United States. 

Done at the Royal Palace in the City of Muscat, in the Kingdom of 
Oman, on the 21st day of September in the year of our Lord 183^, and of 
the Independence of the United States of America, the fifty-seventh, corre- 
sponding to the 6th day of the Moon, called- Jumadee-ul-awul, in the year 
Allijra (Hijree) 1249. 


(Sd.) Edmund Roderts. 



MUSCAT. 

APPENDIX No. li.—Fcige 196. 


Teeaty of CoiviMEECE concluded between His Highkess tlie Imam of Muscat and tbe 
King of the French, on tbe 17tb November 1844, and finally ratified on tbe 4tb 
February 1846. 

Preamble. — Tbe King o£ tbe Freucb and His Highness Syud Sueed 
BIN Sultan, tbe Sultan of Muscat and other places, being desirous to confirm 
and strengthen tbe good understanding which subsists between them, and to 
promote the commercial intercourse between their respective countries, and 
having come to the determination of entering into a Treaty of commerce 
and amity, the former has appointed as his Plenipotentiary, Monsieur Homain 
Desfosses, Captain in the Navy, and Chief of Bourbon and JMadagascar, and 
the latter has resolved personally to carry on neg'otiations with the said Pleni- 
potentiary. The Plenipotentiary of the King of the .French having represented 
to His Highness the Imam and Sultan of Muscat that he was vested with the 
requisite powers, has concluded the following Articles with His Highness 
Syud Sueed bin SultzVN : — 


Article 1. 

There shall always he good ^understanding and friendship between the 
King of the French, his heirs and successors, and His Highness Syud Sueed 
bin Sultan, the Sultan of Muscat, his heirs and successors, as also between 
their respective subjects. 


Article 2, 

The subjects' of Syud Sueed bin Sultan, the Sultan of Muscat, shall 
be at liberty to enter, reside in, trade with, and pass with their merchandize 
through, France ; and the French shall, in like manner, have similar liberty 
with regard to the territories of Syud Sueed bin Sultan, the Sultan of 
Muscat. The subjects of both the Government shall have all the privileges 
which are or may be conceded by the respective Governments to the subjects 
of the most favored nations. 


Article 3. 

The French shall he at liberty to purchase, sell, or rent land, houses, 
or warehouses, in the dominions of Syud Sueed bin Sultan, the Sultan of 
Muscat. The houses, warehouses, or other premises occupied by the French, 
or by persons in their service, shall not be forcibly entered without the per- 
mission of the French Consul. They shall not be prevented from leaving the 
dominions of Syud Sueed bin Sultan whenever they wish to do so. 



cxo 


Appendix Ko. X,— Muscat. 


Article 4. 

Tlie subjects of Syiicl Sueed bin Sultan^ tbe Sultan of Muscat, actually 
in tbe service of tlie French, shall enjoy the same privileges whicli are 
granted to the French themselves; but if such subjects of His Highness 
shall be convicted of any crime or infraction of the law, they shall be 
discharged by the French, and delivered over to the authorities of the 
place. 

Article 5. 

The two high contracting parties acknowledge reciprocally the right 
of appointing Consuls to reside in each other^s dominions, wherever the 
interests of commerce may require the presence of such officers ; and such 
Consuls shall at all times be placed in the country in which they reside on 
the footing of the Consuls of the most favored nations. Each of the high 
contracting parties further agrees to permit his own subjects to be appointed 
to Consular Offices by the other contracting party, provided always that the 
persons so appointed shall not begin to act without the previous approbation 
of the Sovereign whose subjects they may be. The iniblic functionaries of 
either Government, residing in the dominions of the other, shall enjoy the 
same privileges, immunities, and exemptions which are enjoyed within the 
same dominions by similar public functionaries of other countries. The 
French Consul shall be at liberty to hoist the French flag over his house. 

Article 6. 

The authorities of the Sultan of Muscat shall not interfere in disputes 
between the Frencb, or between the French and the subjects of other Christian 
nations. When differences arise beWeen ^ sul)ject of the Sultan of Muscat 
and a Frenchman, if the former be the complainant, the cause shall bo heard 
by the French Consul; but if a Frenchman be the complainant against any of 
the subjects of the Sultan at Muscat, or against any Mahomedans, then the 
cause shall be decided by the authorities of the Sultan of Muscat, or by bis 
deputy; but in such case the cause shall not be decided, except in the presence 
of the French Consul, or his deput}^, who shall attend at the Court. lu 
causes between a Frencbman and a subject of tlie Sultan of Muscat, the 
evidence of a man proved to have given false testimony on a former occasion 
shall not be received. A cause to be decided by tbe French Consul sliall be 
tried in the presence of the Sultan of Muscat, or a person acting for him. 

Article 7. 

The property of a French subject who may die in any part of tbe domi- 
nions of the Sultan of Muscat, or of a subject of the Saltan of Muscat who 
may die in any part of the French dominions, shall be delivered over to the 
executor or administrator of tbe deceased, or, in default of such executor or 
administrator, to the respective Consuls of tbe contracting parties. 

Article 8. 

If a Frenehman shall become bankrupt in tlie dominions of the Sultan 
of Muscat, the French Consul shall take possession of all the property of 



Appendix No. X.—Muscat. 


cxci 


siicli bankrupt^ and shall give it up to the creditors of the bankriipt_, to be 
divided among them. This having been done^ the bankrupt shall be entitled 
to a full discliarge from his creditors^ and he shall not at any time afterwards 
be required to make up the deficiency^ nor shall any property he may after- 
wards acquire be considered liable for that purpose. But the French Consul 
shall use his endeavours to obtain for the benefit of the creditors all the pro- 
perty of the bankrupt. It shall also be incumbent upon the Consul to 
ascertain that everything possessed by the bankrupt at the time when he 
became insolvent has been given up. 


Article 9. 

If a subject of the Sultan of Muscat owes a debt to a Frenchman,, the 
Sultan or his deputies shall urg'e the former to pay the claim of the latter. 
In like manner^ the French Consul shall enjoin a Frenchman to pay a debt 
due by him to a subject of the Sultan of Muscat. 

Article 10. 

ISTo duty exceeding five per cent, shall be levied on goods imported by 
French vessels into the dominions of Syud Sueed bin Sultan, the Sultan of 
Muscat. If a vessel of other nations imports any goods into the territories 
of the Sultan of Muscat, and pays less duty than five per cent., the same 
duty only shall be levied on similar goods imported by a French vessel into 
the said territories. A French vessel after she has paid the duty of five per 
cent., shall not be subject to any other charges, such as anchorage, pilotage, 
&c., nor shall any charge be made on that part of the cargo which may 
remain on board a French vessel ,* but if the vessel shall go to anotlmr part 
of the dominions of the Sultan of Muscat, duty shall be levied at five per 
cent. The above-mentioned duty having once been paid, the g'oods may be 
sold, by wholesale or retail, without paying any further duty. No charge 
whatever shall be made on French vessels which may enter any of the pouts 
of the Sultan of Muscat for the purpose of refitting, or for refreshments, or 
to inquire about the state of the market; and they shall enjoy tlie same 
privileges which are enjoyed (by the vessels) of the most favored nations. 

Article 11. 

No vessel shall he prohibited from importing into, or exporting from, 
the territories of the Sultan of Muscat any kind of merchandize. The trade 
shall be perfectly free in tlie said territories, subject to the abovementioned 
duty, and to no other. The French shall be at liberty to buy and sell from 
wdiomsoever and to whomsoever they choose ; but they shall not trade in the 
articles of ivory and gum copal on that part of the East Coast of Africa 
from the port of Tongate, situated in 5^} degrees of south latitude, to the 
port of Culva, lying in nine degrees south of the equator, both ports inclusive. 
But if the English or Americans, or any other Christian nation, should carry 
on this trade, the French shall, in like manner, be at liberty to do so. 



cxcii 


Appendix No. X.— Muscat. 


Article 12. 

If any disputes should arise in the dominions of the Sultan of Muscat 
as to the value of goods which shall be imported by French merchants^ and 
on which the duty of five per cent, is to be levied^ the Custom Master, or 
other person acting on the part of the Sultan of Muscat, shall, when practi- 
cable, receive one-twentieth part of the goods, and the merchant shall then 
be subject to no further demand on account of customs on the remaining 
goods in any part of the dominions of the Sultan of Muscat to which he 
may transport them. But if the Custom Master should object to levy the 
duty in the manner aforesaid, by taking one-twentieth part of the goods, 
or if the goods should not admit of being so divided, then the point in dispute 
shall be referred to two competent persons, one chosen by the Custom Master, 
and the other by the merchant, who shall make a valuation of the goods; 
and if they shall differ in opinion, they shall appoint an arbitrator, whose 
decision shall be final, and the duty shall be levied according to the value 
thus established. 

Artici.e 13. 

It shall not be lawful for any French merchant to expose his goods 
for sale for the space of three days after the arrival of such goods, unless 
the Custom Master and the merchant shall have agreed as to the value 
of such goods. If the Custom Master shall not within three da^-s have 
accepted one of the two modes proposed for ascertaining the value of the 
goods, the authorities on the jiart of the Sultan of Muscat, on an intimation 
being made to them on the subject, shall compel the Custom Master to choose 
one of the two modes for the levy of the duty. 

Article 14. 

If it shall happen that either the King of the Frcncli or the Sultan of 
Muscat should be at war with another country, the subjects of the King 
of the French and the subjects of the Sultan of Muscat shall nevertheless 
be allowed to trade with, and to take to, such country, merchandize of every 
description, except warlike stores, but they shall not be allowed to enter any 
port or place actually blockaded or besieged. 

Article 15. 

Should a vessel under the French Hag enter a port in the dominions 
of the Sultan of Muscat in distress, the local authorities at such port shall 
afford all necessary aid to enable the vessel to refit and to prosecute her 
voyage; and if any such vessel should be wrecked on the coasts of tine 
dominions of the Sultan of Muscat, the authorities on the part of the 
Sultan of Muscat shall render all the assistance in their power to recover 
and deliver over to the owner, or the Consul, the property that may be 
saved from such wreck. The same assistance and protection shall be afforded 
to vessels of the dominions of the Sultan of Muscat, and property saved 
therefrom under similar circumstances, in the ports and on the coasts of the 
French dominions. 



Appendix X.— Muscat. 


exciii 


Article 16. 

If any person not belonging to the Christian nations shall steal any 
article from a French vessel^ and take it to the dominions of the Sultan 
of Muscat^ it shall be recovered from the robber and delivered over to the 
Consul. 

Article 17. 

The French shall be at liberty to hire or erect houses and warehouses at 
Zanzibar or anywhere else. 

Article 18. 

Any engagements which may have been entered into previously to this 
are null and void^ and are not to be acted upon or attended to. 

Article 19. 

The present convention shall be ratified^ and the ratifications thereof 
shall be exchanged^ at Muscat or Zanzibar^ as ’ soon as possible^ and within 
the space of fifteen months from the date hereof. 

Bated the ^th ZilJcad^ Hijree 1260 {corres2007idlnff with the llih Novemhef 
1844 A.B) 

(True translation.) 

(Sd.) W. Escombe, 

Sec^f. to Govt, 


MEMOEAXDUM. 


On the 4th February 1846, the ratifications of the foregoing Treaty 
were exchanged between His Highness the Imam of Muscat and Com- 
modore Monsieur Fomain Desfosses, on the part of the King of the 
French. Previous to the exchange of the ratifications, His Highness 

requested from Commodore Monsieur Des- 
fosses'^’ an explanation of the precise meaning 
of Article XVII. of the Treaty, who replied 


* jride letter from Captain ITamerton 
to tlio Bombay Government, dated 
tlie 13tli February 1846. 


that the said Article was considered as having 


reference to matters simply and purely of a commercial nature. The exchange 
of ratifications then took place. His Highness the Imam previously affixing 
thereto the following declaration : — 

Declaration written by His Highness the Imam on the foregoing 
Treaty. 

That is correct, that whatsoever is written in Arabic letters (in the 
Arabic language) in the agreement is binding on us. 

The writing of the humble Fukeer with his own hand. 


(Sd.) Syud bin Sultan. 

(True translation.) 

(Sd.) Atxxns Hamerton. 

1a 


VII 



ZANZIBAR. 
APPENDIX No. Jl.-^Page 196. 


Treaty of Amity, Commerce, and Navigation between the Senates of the ILiNSEAiiio 
Eepeblics of Lebeck, Bremen, and Hamburg and His Highness Syud Majid, 
BIN Sytjd, Sultan of Zanzibar, concluded af Zanzibar, the 13th of June 1859. 

His Highness Syiid Majid bin Syud, Sultan of Zanzibar and his depen- 
dencies having in consideration of the extensive and fast increasing trade and 
navigation between the Hanseatic Republics of Lubeek, Bremen^ and Hamburg 
and his own dominions, most graciously accep>ted the proposals of the Senates 
of the said Republics^ for negotiating a Treaty of Amity^. Commerce and Navi- 
gation for the support of mutual welfare and mutual commercial interest ; 
the Senates of the Hanseatic Republics of Lubeck, Bremen and Hamburg 
have accordingly appointed as their Plenipotentiary William Henry O^Swald, 
Junior^, Esquire, a citizen of the Planseatic Republic of Hamburg, and actually 
residing in the city of Zanzibar, Island of Zanzibar ; and the Sultan of 
Zanzibar, Syud Majid bin Syud, has resolved personally to carry on negotia- 
tions with the said Plenipotentiary ; the Plenipotentiary of the above men- 
tioned Hanseatic Republics having represented to His Highness the Sultan of 
Zanzibar that he is vested with the requisite powers, the following Treaty 
has been concluded with the consent of both the high contracting parties. 

Article I. 

There shall be perpetual peace and amity between the Hanseatic Republics 
of Lubeck, Bremen, and Hamburg and His Highness Syud Majid bin Syud, 
Sultan of Zanzibar. 


Article II. 

The citizens of the Hanseatic Republics of Lubeck, Bremen, and Ham- 
burg shall have the liberty to enter all the ports of His Highness Syud 
Majid bin Syud, Sultan of Zanzibar, with their cargoes, of whatever kind 
the said cargoes may consist, and they, shall have liberty to sell the same to 
any of the subjects of the Sultan, or others who may wish to buy the same ; 
or to barter the same for any produce or manufactures of the kingdotn, or 
other articles that may be found there. No price shall be fixed by His 
Highness the Sultan or his officers on the articles to be sold by the merchants 
of the beforementioned Hanseatic Republics, or the merchandize they may 
wish to purchase, but the trade shall he free on both sides to sell or buy or 
exchange, on the terms, and for the prices, the owner may think fit, and 
whenever the said citizens of the said Hanseatic Republics may think fit to 
depart, they shall be at liberty so to do; and if any officer of His Highness 
the Sultan shall contravene this Ai'ticle, he shall be severely punished. 



Appendix Wo. XI.— Zanzibar. 


cxev 


Article III. 

Vessels of the Hanseatic Republics of Lubeek, Bremen^ and Hamburg’ 
entering the port of Zanzibar, or any other port within His Highness the 
Sultana’s dominions, shall pay no more than five per cent, duties on the cargo 
landed, and this shall be as a full equivalent and in lieu of all other import 
and export duties ; tonnage dues ; licenses to trade ; pilotage ; anchorage ; or 
any other charges whatever. 

Nor shall any duty or charge be paid on that part of the cargo which 
may remain on board unsold and re-exported. Nor shall any charge wdiat- 
ever be paid on any vessel of the Hanseatic Republics, which may enter any 
of the ports of His Highness the Sultaifs dominions, for the purpose of 
refitting, or for refreshments or to enquire the state of the market. 

And it is also well understood and agreed upon as follows : — Should any 
vessel of the Hanseatic Republics of Lubeck, Bremen, and Hamburg, 
wbetber sbe has been loaded before in Zanzibar or in any other port within 
His Highness the Sultanas dominions, or in any foreign port, be obliged to 
return to, or enter any port within His Highness the Sultanas dominions, 
for the purpose of repairing the ship^s damages, sustained at sea by stress of 
weather or by some other accident of the seas, and thereby be obliged to 
unload her cargo, such vessels shall be permitted to land her said cargo free 
of duty, and shall pay no duty whatever on such cargo landed, provided it 
be re-shipped either on board the said vessel or on board any other vessel, 
should the sea-damaged vessel be condemned. 

Article IV. 

His Highness the Sultan of Zanzibar hereby engages not to permit the 
establishment of any monopoly or exclusive privilege of sale within his 
dominions ; except in the articles of ivory and gum copal, in that part of the 
East Coast of Africa, from the port of Tailgate, situated in about degrees 
of South Latitude to the port of Quali lying in about seven degrees south 
of the Equator, both ports inclusive ; but in all other ports and places in 
His Highness the Sultanas dominions, there shall be no monopoly whatever ; 
but the citizens of the Hanseatic Republics of Lubeck, Bremen, and Ham- 
burg shall be at liberty to buy and sell with perfect freedom, from whomso- 
ever and to whomsoever they choose, subject to no other duty by Government 
than that before mentioned. 

Article V. 

The citizens of the Hanseatic Republics of Lubeck, Bremen, and Ham- 
burg shall enjoy all the privileges and advantages with respect to commerce 
or otherwise, which are or may be accorded to the subjects or citizens of the 
most favored nation, and particularly pay no other duties on export or 
import tonnage ; license to trade ; or any other charge whatsoever than the 
nation the most favored shall pay. 

Artici.e VI. 

Should a vessel of the Hanseatic Republics of Lubeck, Bremen, and Ham- 
burg enter a port in the dominions of His Highness the Sultan of Zanzibar 



exovi 


Appendix 'No, XI.— Zanzibar. 


in distress the local authorities at such port shall afford all necessary aid to 
enable the vessel to refit and to prosecute her voyage^ and if any such vessel 
should he wrecked on the coast of the dominions of His Highness the Sultan 
of Zanzibar^ the authorities of His Highness shall give all the assistance in ' 
their power to recover and to deliver over to the owners all the property that 
can he saved from such vessel^ or to the Consul of the before mentioned 
Hanseatic Republics or to any authorized Agent. The same assistance and 
protection shall be afforded to vessels of the dominions of His Highness the 
Sultan of Zanzibar, and property saved therefrom under similar circumstances 
in the ports and on the coast of the Hanseatic Republics of Lubeck, Bremen, 
and Hamburg, 


Article VII. 

The citizens of the Hanseatic Republics of Lubeck, Bremen, and Hamburg, 
resorting to the ports of His Highness the Sultanas dominions for the pur- 
pose of trade shall have leave to land and reside in the said ports, as well as 
to purchase, sell, or hire, laud or houses there. The houses, warehouses, or 
other premises occupied by the citizens of the three Hanseatic Republics, or 
by persons in their service, shall not he forcibly entered without the per- 
mission of the Consul of the Hanseatic Republics. 

Article VIII. 

If any citizen of the Hanseatic Republics of Lubeck, Bremen, or Ham- 
burg, or their vessels, or other property, shall be taken by pirates aud 
brought within the dominions of His Highness the Sultan the persons shall 
he set at liberty, and the property restored to the owner, if he is present, or 
to the Consul of the before mentioned ITanseatic Republics or to any autho- 
rized Ageut. 

Article IX. 

Vessels belonging to His Highness the Sultan of Zanzibar, or vessels 
belonging to his subjects, which may resort to any port of the Hanseatic 
Eepuhlies of Lubeck, Bremen, or Hamburg, shall pay no other higher rate 
of duties or other charges than the nation the most favored shall pay. The: 
subjects of His Highness the Sultan shall be permitted to reside and pursue 
commerce in all ports of the Hanseatic Republics of Lubeck, Bremen, and 
Hamburg, submitting themselves to the laws of the country. They shall 
enjoy the fullest protection for their persons and for their property. 

Article X. 

The Senates of the Republies of Lubeck, Bremen, and Hamburg may 
appoint Consuls to reside in the ports of His Highness the Sultanas domi-; 
nions, where the principal commerce shall be carried on. The said Consuls* 
shall at all times he placed on the footing of the Consuls of the most favored* 
nations, and shall enjoy the same privileges, immunities, and exemptions^' 
which are enjoyed within the same dominions by similar public functionaries 
of other countries. 



Appendix No. Xl.—Zanzibar. 


cxcvii 


Article XI. 

The Consuls of the Hanseatic Republics of Lubeeb^ Bremen^ and Ham- 
burg shall have the power to receive the property of the citizens of the 
three Hanseatic Republics dying within the dominions of His Highness the 
Sultan, and to send the same to their heirs, first paying all their debts due 
to the subjects of Plis Highness the Sultan. 

Article XII. 

The authorities of His Highness the Sultan of Zanzibar shall not inter- 
fere in disputes between citizens of the Hanseatic Republics of Lubeek, 
Bremen, and Hamburg, or between the said citizens and the subjects or 
citizens of other Christian nations. When differences arise between a subject 
of the dominions of His Highness the Sultan of Zanzibar and a citizen of 
the above mentioned Hanseatic Republics, if the former is the complainant, the 
cause shall be heard by the Consul of the three Hanseatic Republics, who 
shall administer justice thereupon; but if the citizen of the three Hanseatic 
Republics is the complainant against any of the subjects of His Highness 
the Sultan of Zanzibar, or tlie siil)jects of any other Mahomedan power, the 
cause shall he decided by the highest authority of His Highness the Sultan 
of Zanzibar or by any person nominated by him ; but in such ease the cause 
shall not be proceeded with -except in the presence of the Consul of the 
Hanseatic Republics of Lubeck, Bremen, and Hamburg, or of some person 
deputed by liim. 


Article XIII. 

If a citizen of the Republics of Lubeck, Bremen, and Hamburg shall 
become bankrupt in the dominions of His Highness the Sultan of -Zanzibar, 
the Consul of the three Planseatic Republics shall take possession of all the 
property of such bankrupt, and shall give it up to his creditors to be divided 
among them. This having been done, the bankrupt shall be entitled to a 
full discharge from his creditors, and he shall not at any time afterwards be 
required to make up his deficiency, nor shall any property h-e may afterwards 
acquire he considered liable for that purpose. But the Consul of the Hansea- 
tic Republics of Lubeck, Bremen, and Hamburg shall use bis best endeavours 
to obtain for the benefit of the creditors all the ^ property of the bankrupt 
at the time when he became insolvent has been given up without reserve. 

Article XIY. 

If a subject of His Highness the Sultan of Zanzibar should resist or 
evade payment of his just debts to a citizen of the Hanseatic Republics of 
Lubeck, Bremen, and Hamburg, the authorities of His Highness shall afford 
to the citizen of the Hanseatic Republics every aid and facility in recovering 
the amount due; and in like manner the Consul of the three Hanseatic 
Republics shall afford every aid and facility to subjects of His Highness the 
Sultan of Zanzibar, in recovering debts justly due to them from a citizen 
of the Hanseatic Republics of Lubeck, Bremen, and Hamburg, 



Appendix Wo. XI.— Zanzibar, 


exeviii 


ARTTCLiil XV. 

His Highness the Sultan of Zanzibar shall be at liberty to appoint' 
Consuls in the cities and ports of the Hanseatic Republics of Lubeek, 
Bremen, and Hamburg, for the protection of his own interests, or those of 
his subjects; and such Consul shall enjoy the same rights, liberties, and 
privileges, which the Consul of the most favoured nation shall enjoy. 


Article XVI. 

The present convention shall be ratified and the ratifications thereof 
shall be exchanged at Zanzibar as soon as possible. 

Concluded, signed, and sealed, at the Royal Palace of His Highness the 
Sultan of Zanzibar, in the city of Zanzibar, Island of Zanzibar, the thirteenth 
day of June, in the year one thousand eight hundred and fifty-nine of the 
Christian era, corresponding to the eleventh day of the moon called Zilkad, 
in the year of the Alhajra (Hejira), one thousand two hundred and seventy- 
five. 

For the Senates of the Hanseatic Signed in the Arabic language, 
Republics of Lubeck, Bremen, and 

Hamburg. (Sd.) Majid bin SyuD. 


(Sd.) W. H. C’swALD, /n 


True Copy of the Original. 

Treaty in the English language. 

(Sd.) C. P. Rigby, Capt, 

Her Majestfs Consul and British 
Ageniy Zanzibar. 

British Consulate^ Zanzibar^ ) 

June 1859, ) 


The Seal of 
the Sultan 
Majid bin 
Syud, Sultan 
of Zanzibar. 


Translation of the sign Manual, 
and seal of His Highness Majid bin 
Syud, Sultan of Zanzibar, as aflPixed 
to the original Treaty. 

(Sd.) C. P. Rigby, Capt., 

Her Majesty/ s Consul and British 
Agent, Zanzibar. 


True copies. 

(Sd.) H. P. Anderson, 
Secretary to Government, 




6 & 7 VICTORIA, CAP. XCIV. 


An Act to reynove doiilis as to the exercise of jootoer and jurisdictmi hy Her 

Majesty within divers countries and places out of Her Majesty’s dominions^ 

and to render the same more efectual, 

August 1843.] 

TVhereas by treaty^ capitulation^ grant,, usage^ sufEerance^ and otlier 
Preamble lawful means Her Ma 3 e.sty bath power and 

jurisdiction within divers countries and places 
out of Her Majesty^s dominions : And whereas doubts have arisen how far 
the exercise of such power and jurisdiction is controlled by and dependent 
on the laws and customs of this realm, and it is expedient that such doubts 
should be removed : Ee it therefore enacted, &c. 

I, That it is and shall be lawful for Her Majesty to hold, exercise, and 

Tbc power acquired by Her Ma- or jurisdiction which Her 

jesty in countries out of Her domi- Majesty now hath or may at any time hereafter 
nions shall be held on the same have within any country or place out of Her 

terms as Her Majesty’s authority Majesty^s dominions, in the same and as ample 
in the crown colonies. ‘o rr \/r • j ^ i 

a manner as if Her Majesty had acquired such 
power or jurisdiction by the cession or conquest of territory. 

II, And be it enacted, that eveiy act, matter, and thing which may 
Acts done in pursuance of such at any time be done, ill pursuance^ of any such 

power to be of the' same ejQicct as power or jurisdiction of Her Majesty, in any 
if done under local laws. Country or place out of Her Majesty^s domi- 

nions, shall, in all Courts ecelesiastieal and temporal and elsewhere within 
Her Majesty^s dominions, be and be deemed and adjudged to be, in all cases 
and to all intents and purposes whatsoever, as valid and effectual as though 
the same had been done according to the local law then in force within such 
country or place. 

III, And be it enacted, that if any suit or other proceedings, whether 
Courts autborized to procure evi- civil or criminal, ill any Court ecclesiastical or 

dcnco of such power by application temporal within Her Majcsty^s dominions, any 
to Secretary of State. issue or question of law or of fact shall arise 

for the due determination whereof it shall, in the opinion of the Judge or 
Judges of such Court., be necessary to produce evidence of the existence of 
any such power or jurisdiction as aforesaid, or of the extent thereof, it shall 
be lawful for the Judge or Judges of any such Court,- and- he or they are 



CO 


Foreign Jurisdiction Act. 


hereby authorized^ to transmit^ under his or their hand and seal or hands 
‘and seal to one of Her Majesty^s principal Secretaries of State^ (iuestions 
by him or them properly framed respecting such of the matters aforesaid 
as it may be necessary to ascertain in order to the due determination of. any 
such issue or question as aforesaid; and such Secretary of State is hereby 
empowered and required, within a reasonable time in that behalf, to cause 
proper and sufficient answers to be returned to all such questions, and to be 
directed to the said Judge or Judges, or their successors; and such answers 
shall, upon production thereof, be final and conclusive evidence, in such suit 
or other proceedings, of the several matters therein contained and required 
to be ascertained thereby. 


IV. And whereas it may in certain eases be expedient that crimes and 
Power to send persons clmrged with offences committed within siicli countries or 
crimes for trial to a British colony, places as afoi’csaid should be inquired of, 
tried, determined, and punished within Her Majesty^s dominions; be it 
enacted, that it shall and may be lawful for any person having authority 
derived from Her Majesty in that behalf, by warrant under his band and 
* seal, to cause any person charged with the commission of any crime or offence 
the cognizance whereof may at any time appertain to any Judge, Magistrate, 
or other officer of Her Majesty within any such country or place as aforesaid, 
to be sent for trial to any British colony (ti) which Her Majesty may by any 
order or orders in council from time to time appoint in that behalf; and upon 
the arrival of such person within such colony it shall and may bo lawful for 
the Supreme Court exercising criminal jurisdiction within the same to cause 
such person to be kept in safe and proper custody, and, so soon as conve- 
niently may be, to inquire of, try, and determine such crime or offence, and 
upon conviction of the person so charged as aforesaid to correct and punish 
him according to the laws iu force in that behalf within such colony, in tlie 
same manner as if the said crime or offence had been committed within the 

jurisdiction of such Supreme Court: Provided 
alwa}'s, that before any such person shall be 
sent for trial to any such colony as aforesaid 
it shall be lawful for him to tender for examin- 
ation to the Judge, Magistrate, or other officer 
of Her Majesty to whom the cognizance of 
the crime or offence with which he is charged may appertain, within tlie 
country or place where the same may be alleged to have been committed, 
any competent witness or witnesses, tbe evidence of whom be may deem 
material for bis defence, and whom he may allege himself to be unable to 
produce at bis trial in tlie said colony; and the said Judge, Magistrate, or 
other officer shall thereuiion proceed in the examination and cross-examination 
of such witness or witnesses in the same manner as tlioiigb the same had 
been tendered at a trial before such Judge, Magistrate, or other officer, and 
shall cause the evidence so taken to be reduced into writing, and shall trans- 


Beforo any such person shall be 
sent to any colony for trial, he may 
tender any material evidence that 
be would be unable to produce on 
trial, and which shuU be taken 
down and transmitted. 


(a.) Tliig includes British India, 28 & 29 Vic., Cap. CXVI. (see p. cciv.) 



Act No. XL op 1872. 


Passed by the Goveenoe Geheeal of India in Council. 

( deceived the assent of the G-overnor General on the 25th April 1872j. 

Ab Act to provide for the trial of offences committed in places beyond 
British India and for the Extradition of Criminals. 

Whereas by treaty^ capitulation, agreement, grant, usage, sufferance and 
Preamble other lawful means, the Governor General 

of India in Council has power and jurisdiction 
within divers places beyond the limits of British India ; and whereas such 
power and jurisdiction have from time to time been delegated to Political 
Agents and others acting under the authority of the Governor General in 
Council ; and whereas doubts iaave arisen how far the exercise of such power 
and jurisdiction, and the delegation thereof, are controlled by and dependent 
^on the laws of British India ; and -whereas it is expedient to remove such 
""doubts, and to consolidate and amend the law relating to the exercise and 
delegation of such power and jurisdiction, and to offences committed by British 
subjects beyond the limits of British India, and to the extradition of criminals ; 
It is enacted as follows : — 

I. 


This Act may be called ^^The Foreign Jurisdiction and Extradition Act, 
Short title. 

Extent. It extends to the whole of British India; 

to all Native Indian subjects of Her Majesty without and beyond the 
Indian territories under the dominion of Her Majesty; and 

to all European British subjects within the dominions of Princes and 
States in India in alliance with Her Majesty; 

and it shall come into force on the passing 
thereof. 


Commencement. 


2 , 

The enactments mentioned in the first schedule hereto annexed are re- 
pealed to the extent specified in the third column 
thereof. 


Repeal of enactments. 


* Political AgenP defined. 


3. 

In this Act the expression ^ Political Agent^ 
means and includes — 


(1) the principal officer representing the British Indian Government in 
any territory or place beyond the limits of British India ; 

(2) any officer in British India appointed by the Governor General in 
Council, or the Governor in Council of the Presidency of Fort St. George or 
Bombay, to exercise all or any of the powers of a Political Agent under this 
Act for any place not forming part of British India : 

^ Native State.’ ^ Native State^ means. 



ccvi 


Foreign Jurisdiction &; Extradition Act, 1872. 


in reference to Native Indian subjects of Her Majesty^ all places witbout 
and beyond the Indian territories under the dominion of Her Majesty ; and;, 
in reference to European British subjects;, the dominions of Princes and 
States in India in alliance with Her Majesty. 


Powers of British Officers in Places beyond British India. 

4 . 

The Governor General in Council may exercise any power or jurisdiction 
Bxei-eisc of powers of Governor the Governor General in Council now has, 

General in places beyond British or may at any time hereafter havG;, within any 
India, and delegation thereof. country or jdace beyond the limits of British 

India ; and may delegate the same to any servant of the British Indian Gov- 
ernmentj in such manner and to such extent as to the Governor General in 
Council from time to time seems fit. 

5 . 

A notification in the Gazette of India of the exercise by the Governor 

General in Council of any such power or juris- 
diction, and of the delegation thereof by him to 
any person or class of persons, and of the rules 
of procedure or other conditions to which such persons are to conform, and of 
the local area within which their powers are to be exercised, shall be conclu- 
sive proof in any Court of the truth of the matters stated in the notification. 

6 . 

The Governor General in Council may appoint any European British 

subject, either by name or by virtue of his office, 
in any such country or place, to be a Justice of 
the Peace; and every such Justice of the Peace 
shall have all the powers conferred on Magistrates of the first class, who are 
Justices of the Peace and European British subjects, by any law for the time 
being in force in British India relating to Criminal Procedure. The Governor 
General in Council may direct to what Court having jurisdiction over Euro- 
pean British subjects any such J ustice of the Peace is to commit for trial. 


Notification of exercise or dele 
gation of such powers. 


Appointment, powers and juris- 
diction of Justices of the Peace. 


All Political Agents and all Justices of the Peace heretofore appointed by 
. the Governor General in Council, or tlic Gov{‘r- 

Council of the Presidency of Fort St. 

® ‘ ’ George or Bombay, in any such country or 

place as aforesaid, shall be deemed to be and to have been appointed, and to 
have and to have had jurisdiction, under the provisions of this Act. 

8 . 

The law relating to offences and to Criminal Procedure for the time being 

in force in British India shall, subject as to pro- 
cedure to such modifications as the Governor 
General in Council from time to time directs, 
extend to all British subjects, European and Native, in Native Std-tes. 


Extension of criminfil law of Ih-I 
tisli India to British subjects ii 
Native States. 



Poreign Jurisdiction & Extradition Act, 1872. 


cevii 


Inquiries^ in ' British India, hito Crimes commiitecl hj British sid)jeets m Places 

heyond British India, 
m 

9. 


All Britisli subjects, European and Native, in British India may be dealt 

with, in respect of offences committed by them 
Liability of Bntisb subjects for j Native State, as if such offences had 

offences committed mjNativebtates. J -..i - ^ i -.i- 

been committed in any place within Joritisli 
India in which any such subject may be or may be found : 

Provided that no charge as to any such offence shall be inquired into in 
, British India, unless the Political Agent, if 

wliicli the 

offence is said to have been committed, certmes 
that, in his opinion, the charge is one which ought to be inquired into in 
British India : 


Provided also that any proceedings taken against any person under this 
section, which would be a bar to subsequent proceedings against such person 
tor the same offence, if such offence had been committed in British India, 
shall be a bar against further proceedings against him, under this Act, in 
respect of the same offence in any Native State. 


10 . 


Whenever any such offence as is referred to in section nine, is being 
Powei’ to dii’ect copies of doposi- inquired into or tried, the Local CTOvernment 
tions inid exhibits to be received in may, if it thinks fit, direct that copies of depo- 
cvideuce. sitions made or exhibits produced before the 

Political Agent or a Judicial Officer in the State in which such offence is 
alleged to have been committed shall be received as evidence by the Court 
holding such inquiry or trial, in any case in which such Court might issue a 
commission for taking evidence as to the matters to which such depositions 
or exhibits relate. 

Bxiradiiion, 


II. 

When an offence has been committed, or is supposed to have been com- 
Arrost and removal of persons, mitted, in any State against the law of sueh 
other tlian European British sub- State by a person iiot being a European British 
3 ects, escaping into British India. 'subject, and sucli person escapes into or is in 

British India, the Political Agent for such State may issue a warrant for his 
arrest and delivery at a place in such State, and to a person to be named in 
the warrant, 

if such Political Agent thinks that the offence is one which ought to be 
inquired into in such State, 

and if the act said to have been done would, if done in British India, have 
constituted an offence against any of the sections of tlie Indian Penal Code 
mentioned in the second schedule hereto, or under any other section of the 



Foreign Jurisdiction & Extradition Act, 1872. 


said Code or any other law which may, from time to time, be specified by the 
Governor General in Council by a notification in the GazeMe, 


Such warrant may be directed to the Magistrate of any district in which 
the accused person is believed to be ; and shall 
Direction and execution of war- executed in the manner provided by the law 

’ for the time being in force with reference to 

the execution of warrant; and the accused person, w’^hen arrested, shall be 
forwarded to the place and delivered to the officer named in the warrant. 


13. 

Such Political Agent may either dispose of the case himself, or may give 
Political Agent may himself dis- the person SO forwarded, whether he be a 

pose of case, or make over person Native Indian subject of Pier Majesty or not, 
to ordinary Courts for trial. to be tried by the Ordinary Courts of the State 

in which the offence was committed, if he is s:enerally or specially directed to 
do so by the Governor-General in Council, or by the Governors in Council of 
the Presidency of Port *St. George or Bombay respectively. 

14. 

'Whenever a requisition is made to the Governor-General in Council or 
Eequisitions for extradition by any Local Government, by or by the authority 
the executive of any part of Bri- of the persons for the time being administering 
tisli dominions, or Foreign power. the executive government of any part of the 
dominions of Her Majesty, or the territory of any Foreign Prince or State, 
that any person accused of having committed an offence in such dominions 
or territory should be given up, the Governor-General in Council or such 
Local Government, as the ease may be, may issue an order to any Magistrate 
who would have had jurisdiction to inquire into the offence if it had been 
committed within his local jurisdiction, directing him to inquire into the truth 
of such accusation. 

The Magistrate so directed shall issue a summons or warrant for the 
arrest of such person, according as the offence named appears to be one for 
which a summons or warrant would ordinarily issue ; and shall inquire into 
the truth of such accusation, and shall report thereon to the Government by 
which he was directed to hold the said inquiry. If, upon receipt of such re- 
port, such Government is of opinion that the accused person ought to be given 
up to the persons making such requisition, it may issue a warrant for the cus- 
tody and removal of such accused person and for his delivery at a place and to 
a person to he named in the warrant. 

^ The provisions of section ten shall apply to inquiries held under this 
section. 

This section shall not affect the provisions of any law or treaty for the 
time^ being in force as to the extradition of offenders; but the procedure 
provided by any such law or treaty shall be followed in every case to which it 
applies. 


Foreign Jurisdiction Act. 


cci 


mit a copy of such evidence to the Supreme Court before which the trial of 
such person is to take place^ together with a certificate under his hand and 
seal of the correctness of such copy^ and thereupon it shall be lawful for 
the said Supreme Court, and it is hereby required, to allow so much of the 
evidence so taken as aforesaid as would have been admissible according to 
the law and practice of the said Supreme Court, had the said witness or 
witnesses been produced and examined at the trial before the said Court, to 
be read and received as legal evidence at such trial : Provided also, that if 
T ,, , « . it shall be made to appear at such trial that 

which the act was committed vary the laws by which the person charged with any 
from those of the colony the Court criminal act would have been tried had his trial 
may give effect to him. heiove a Judge, Magistrate, or 

other officer of Her Majesty in the country or place in which such act may 
be alleged to bave been committed, vary from or are inconsistent with the 
laws in force within snch colony, in respect either of the criminality of the 
act charged, or of the nature or degree of the alleged crime or offence, or of 
the punishment to be awarded for the same, such Supreme Court is hereby 
empowered and required to admit and give effect to the laws by- which such 
person would have been so tried as aforesaid, so far as but not further or 
otherwise than the same relate to the criminality of such act, or to the nature 
or degree of such crime or offence, or to the punishment thereof : Provided 
Notliing liereiii to alter any law also, that nothing herein contained shall be 
respecting crimes committed out construed to alter or repeal any law, statute, or 
of Her Majesty^s dominions. Usage by virtue of which any crime or offence 

committed out of Her Majesty^s dominions might, at the time of the passing 
of this Act, be inquired of, tried, determined, and punished within Her 
Majesty’s dominions, or any part thereof, but the same shall renjain in full 
force and effect, anything herein contained to the contrary notwithstanding, 

V. And whereas it may likewise in certain cases be expedient that the 
Power to send oonricts for execu- sentences passed witliin such countries and 
tion or imprisonment to a Britisli places as aforesaid at the trial of crimes and 
colony. offences witliin the same should be carried into 

effect within Her Majesty’s dominions; be it enacted^ that if any offender 
shall have been sentenced to suffer death or imprisonment for or in respect 
of any crime or offence of which such offender shall have been lawfully con- 
victed before any Judge, Magistrate, or otber officer of Her Majesty within 
any such country or place as aforesaid, it shall be lawful for any person baving 
authority derived from Her Majesty in that behalf, by warrant under his 
hand and seal, to cause such offender to be sent to any colony (a) 

wliicli Her Majesty may by any order or orders in council from time to time 
appoint in that behalf, in order that the sentence so passed upon such offender 
may be carried into effect within the same; and the Magistrates, gaolers, and 
other officers to whom it may appertain to give effect to any sentence passed 
by the Supreme Court exercising criminal jurisdiction within such colony 


VII 


(aj Sec note p. cc. 


1b 



-Gcii 


Foreign Jurisdiction Act. 


are hereby empowered and required to do all acts and thing^s necessary to 
cany into effect the sentence so passed upon such offenderj in the same 
manner as though the same had been passed by such Supreme Court. 


VI. And he it enacted^ that if any offender shall have been ordered 
^ . . or sentenced to be transported beyond the seas 

Power to transport convicts. Magistrate, or other officer of 

Her Majesty within any such country or place as aforesaid, or, having been 
adjudged to suffer death, shall have received Her Majesty^s most gracious 
pardon upon condition of transportation beyond the seas, it shall be lawful 
for any person having authority derived from Her Majesty in that behalf to 
cause such offender to he sent to any place beyond seas to which convicts 
may at any time be lawfully transported from any part of Her Majesty^s 
dominions, and, if there shall be no convenient means of transporting such 
offender without bringing him to England, to cause such offender to be 
brought to England in order fo be transported, and to be imprisoned in any 
place of confinement provided under the authority of any law or statute 
relating to the transportation of offenders convicted in England, until such 
offender shall be transported or shall become entitled to his liberty ; and as 
soon as any such offender shall Jiave arrived at the place to which he may be 
transported, or, if brought to England, shall have been there imprisoned as 
aforesaid, all the provisions, rules, regulations, authorities, powers, penalties, 
matters, and things eoneerning the safe custody, confinement, treatment, and 
transportation of any offender convicted in Great Britain shall extend and 
he construed to extend to such offender as fully and effectually, to all intents 
and purposes, as if such offender had been convicted and sentenced at any 
Session of gaol delivery holden for any country in England, 


VII. And be it enacted, that if any suit or action shall be brought in 

Limitatiou of actioas. Majest/s dominions 

against any persoil or persons for anything 
done in pursuance of any such power or jurisdiction of Her Majesty as afore- 
said or of this Act, then and in every such case such action or suit shall be 
commenced or prosecuted within six months after tlie fact committed, and 
not afterwards, except where the cause of action sliall have arisen out of Her 
Majesty'^s dominions, and then within six months after the plaintiff or 
plaintiffs and defendant or defendants shall have been within tlie jurisdiction 
of the Court in which the same may be brought ,* and tlie same and every 
such action or suit shall be brought in the country or place whore the cause 
of action shall have arisen, and not elsewhere, except whore the cause of action 
shall have arisen out of Her Majesty^s dominions; and the clefeiulant or 
defendants shall be entitled to the like notice, and shall have the like privilege 
of tendering amends to the plaintiff or plaintiffs, or their agent or attorney, 
as is provided in actions brought against any Justice of the Peace for acts 
done in the execution of his office by an Act passed in the twenty -fourth 
24 G 2 c 44 reign of King George the second, 

intituled an Act for the rcauleriiig Justices o| 
the Peace more safe in the execution of their olike, and for indemnifying con- 



Poreign Jurisdiction Act. 


cciii 


stables and others acting* in obedience to their warrants ; and the defendant 
or defendants in every such action or suit may plead the general issue, and 
give the special matter in evidence ; and if the matter or thing complained 
of shall appear to have been done under the authority and in execution of 
any such power or iurisdietioii of Her Majesty as aforesaid or of this Act, 
or if any such action or suit shall be brought after the time limited for bring- 
ing the same, or be brought and laid in any other country or place than the 
same ought to have been brought or laid in as aforesaid, then the jury shall 
find for the defendant or defendants ; and if the plaintiff or plaintiffs shall 
become nonsuit, or discontinue any action after the defendant or defendants 
shall have appeared, or if a verdict shall ])ass against the plaintiff or plaintiffs, 
or if upon demurer judgment shall be taken against the plaintiff or plaintiffs, 
the defendant or defendants shall and may recover treble costs, and have the like 
remedy for recovery thereof as any defendant or defendants bath or have in 
any cases of law. 

VIII. And be it enacted, that from and after the first day of Ocioher 
Kepcal of Section 4 of 6 G-. 4., in the year oue thousand eight hundred and 

c. 33 and of 6 & 7 W., 4 c. 78. forty-four SO much of an Act passed in the 
sixth year of His late Majesty King George the Fourth, intituled an Act to 
repeal certain Acts relating to tlie governor and company of merchants of 
'England trading to the Levant Seas, and the duties payable to them ; and to 
authorize the transfer and disposal of the possessions and property of the 
said governor an5 company for the public service, as provides, that from 
ind immediately after the enrolment of any such deed or instrument as therein 
■nentioned all such rights and duties of jurisdiction and authority over His 
Majesiy^s subjects resorting to the ports of the Levant, for the purposes of 
M:ade and otherwise, as were lawfully exercised and performed, or which the 
Letters Patent or Acts l)y the said Act recited, or any of them, airthorized 
liO be exercised and performed, by any consul or other officers appointed by 
•he said company, or which such consuls or other officers lawfully exercised 
Old performed under and by virtue of any power or authority whatever, 
hould, from and after tlic enrolment of such deed or instrument as aforesaid, 
be and liecomc vested in and should be exercised and performed by such 
consuls and other officers respectively as His Majesty might be pleased to 
■ippoint for the protection of the trade of Ilis Majesty^s subjects in the ports 
ind places respectively mentioned in the said Letters Patent and Acts, or 
iny or cither of them,'’^ and also that from and after the passing of this Act 
an Act passed in the Parliament holden in the sixth and seventh years of 
*'Ois said late Majesty King IFilUani the Fourth, intituled An Act to enable 
ilis Majesty to make regulations for tbe better defining and establishing the 
powers and jurisdiction of His Majesty^s consuls in the Ottoman Empire, 
ohall be and the same as hereby repealed, save as to any matter or thing 
theretofore done under the authority of the same respectively. 

IX. And ho it enacted, that this Act may he amended or repealed 

Act may be ameiickHl, &c. by any Act to be passed during this Session of 

Parluiment. 



CCIV 


Foreign Jurisdiction Act/ 


28 & 29 AaCTORIiE CAP. CXVI. 

Aisf Act to e^^plain the Foreign Jurudictlon Act. 
lUh July 1865.] 

Be it declared and enacted^ &e. 

I. In the Poreign Jurisdiction Act (that is to say^ the Act o£ the 

■nr . . Sessiou of the sixth and seventh years of 

6 & c. 94. ^ coony m Her Majesty^s reign. Chapter ninety-four, to 

remove doubts as to the exercise- of power and 
jurisdiction by Her Majesty within divers countries and places out of Her 
Majesty^s dominions, and to render the same more effectual) the term: 

Brituh colony includes and shall be construed to include any of Her 
Majesty^s possessions out of the United Kingdom. 

II. This Act may be cited as The Poreign Jurisdiction Act Amendment 

Short title,- Act, 1865, 



Foreign Jurisdiction & Extradition Act, 1872. 


eeix 


15, 

The Governor-General in Council may make, and may from time to time 
Power to make rules. • alter^ rules to provide for — 

(1) the confinement, diet, and prison discipline of British subjects, Euro- 
pean or Native, imprisoned by Political Agents under this Act ; 

(2) the removal of accused persons under this Act, and their control and 
maintenance until such time as they are handed over to the persons named in 
the warrant, as entitled to receive them ; 

(3) and generally to carry out the purposes of this, 

SCHEDULE 1. 

Enactments JRepealed. 


[See Section 2.] 


Number and year. 

Title. 

Extent of repeal. 

26 Geo. III., 
Cap. 67. 

An Act for the further Regulation of the trial of per- 
sons accused of certain offences committed in the 
East Indies ; for repealing so much of an Act, made 
in the twenty-fourth year of the reign of His pre- 
sent Majesty (intituled an Act for the better Regu- 
lation and Management of the affairs of the East 
India Company, and of the British Possessions in 
India, and for establishing a Court of Judicature 
for the more speedy and effectual trial of persons 
accused of offences committed in the East Indies), 
as requires the Servants of the East India Company 
to deliver Inventories of their Estates and Effects ; 
for rendering the Laws more effectual against per- 
sons unlawfully resorting to the East Indies ; and 
for the more easy proof, in certain cases, of Deeds 
and Writings executed in Great Britain or India. 

Section 29. 

33 Geo. III., 
Cap. 52. 

An Act for continuing in the East India Company, 
for a further tenn ; the possession of the British 
Territories in India, together with their exclusive 
trade, under certain limitations; for establishing 
further Regulations for the government of the said 
territories, and the better Administration of Justice 
within the same ; for appropriating to certain uses 
the Revenues and Profits of the said Company ; 
and for making provision for the good order and 
government of the Towns of Calcutta, Madras, and 
Bombay. 

Section 67. 

Act I. of 1849. 

An Act to provide more effectually for the punish- 
ment of offences committed in Foreign States. 

So much as is i 
repealed. 

Act VII. of 1864. 

An Act for the apprehension, within the territories 
under the Government of the East India Company, 
of persons charged with the commission of heinous 
offences beyond the limits of the said territories, and 
for delivering them up to J ustice, and to provide 
for the execution of warrants in places out of the 
Jurisdiction of the authorities issuing them. 

So much as is r 
repealed. 

VII 


lo 





cex 


Foreign Jurisdiction & Extradition Act, 1872. 


SCHEDULE IL 

Sections op the Indian Penal Code pepeered to in Section 11. 

Sections 230 to 263, both inclusive; Sections 299 to 304, both inclusive ; 
Sections 307, 310, and 311 ; Sections 312 to 317, both inclusive ; Sections 323 
to 333, both inclusive; Sections 347 and 348 ; Sections 360 to 373, both in- 
clusive; Sections 375 to 377, both inclusive; Sections 378 to 414, both inclu- 
sive; Sections 435 to 440, both inclusive; Sections 443 to 446, both inclu- 
sive; Sections 464 to 468, both inclusive ; Sections 471 to 477, both inclusive. 


The following Eules have been made by the Goveenoe Geneeal in CorrisrciL in exercise 
of the Powers conferred on him by Sections 13 and 15 of this Act. 

1. The Political Agent shall not issue a warrant under Section 11 of the 
Act in any case which is provided for by Treaty, if the Native State expressly 
desires to abide by the procedure of the Treaty, nor in any case in which appli- 
cation for surrender is made under Section 14 to the Governor-General in 
Council or any local Government. 

2. The Political Agent shall not issue a warrant under Section 11, except 
on a request preferred to him in writing by, or by the authority of the person 
for the time being administering the executive Government of the Native State 
at which he is the British representative, and on the understanding that the 
provisions of Act XI. of 1872 and of these rules are to apply to the ease. 

3. If the accused be a British subject, the Political Agent shall, before 
issuing such a warrant, consider whether he ought not to certify the case as one 
for trial in British India; and he shall, instead of issuing a warrant, so certify 
the case, if he is satisfied that the interests of justice and the convenience of 
witnesses can be better served by the trial being held in British India than in 
the Native State. 

4. The Political Agent shall in all cases, before issuing a warrant under 
Section 11, satisfy himself by preliminary enquiry that there is ^primd facie case 
against the accused, and that the charge is not prompted by political motives. 

5. If the person surrendered under the warrant of a Political Agent, issued 
under Section 11, be not a British subject ; or if, such person being a British 
subject, the Courts of the State, either by custom or by the express recogni- 
tion of the Governor-General in Council, try Native British subjects surren- 
dered to them by extradition, and the Political Agent after hearing the state- 
ment, if any, of the accused, and making such further enquiry as he may deem 
necessary, is still satisfied that there is a prinid facie case against the accused, 
and that the charge is not prompted by political motives, the Political Agent 
shall make over the accused to be tried by the ordinary Courts of the State in 
which the offence was committed ; provided that the Courts of the State 
have, by custom or recognition as afoi'esaid, power to inflict the punishment 
which may be inflicted under the Indian Penal Code for the offence with 
which the accused person is charged. 



Foreign. Jurisdiction & Extradition Act, 1872 , 


ccxi 


6. If the accused be a British subject, but the Courts of the State do 
not by custom or recognition as aforesaid try Native British subjects, the 
Political Agent shall dispose of the ease himself. 

7. If the punishment which may be awarded under the Indian Penal 
Code for any offence for which an accused person has been surrendered as 
above be more than the Courts of the State by custom or recognition as afore- 
said inflict, the Political Agent may try the case himself, if he thinks it 
advisable to do so. 

8. Notwithstanding anything in the three preceding Rules, the Political 
Agent shall try any such case himself or make it over for trial by the ordinary 
Courts of the State, if he be generally or specially instructed by the Governor - 
General in Council so to do. 

9. In cases made over for trial by the Courts of a Native State under 
Rules 5 and 7, the Political Agent shall satisfy himself that the accused 
receives a fair trial, and that the punishment inflicted in the case of his con- 
viction is not excessive or barbarous ; and if he is not so satisfied, he shall 
demand the restoration of the prisoner to his custody pending the orders of 
Government. 

10. A Return of all persons made over for trial by the Courts of a 
Native State under Rules 5 and 7 shall be submitted half-yearly by the 
Political Agent to the Government of India or the Government of Madras or 
Bombay, as the ease may be, in the following form : — 

llay' ’•yearly Return, under Rule 9 of the Rtiles under the JSxtradiiion Act {XI.) 

of 1872, of persons made over hy the Political Agent at 

for trial hy the Courts of Native States under Rules 5 and 7 

for the period ending 




ccxn 


Foreign Jurisdiction &; Extradition Act, 1872, 


11. Persons arrested in British territory on a warrant issued by a Political 
Agent under Section 11, and persons arrested on a warrant issued under 
Section 14, shall be treated as far as possible in the same way as persons under 
trial for a similar offence would be treated under the Code of Criminal Proce- 
dure or under the procedure in force in the Presidency towns, if the arrest 
take place within any Presidency town. 

12. Persons sentenced to imprisonment by the Political Agent shall, if 
British subjects, be conveyed to the most convenient jail in British territory, 
there to be dealt with as though the conviction had taken place in a Court of 
British India ; provided always that no appeal shall thereby be given other 
than is allowed by any rule for regulating appeals from the decisions of the 
Political Agent. 

13. Nothing in Rules 5 to 10 inclusive, which refer to cases under Sec- 
tion 13 of the said Act, shall be deemed to apply to Political Agents imme- 
diately under the authority of the Governor in Council of the Presidency of 
Port St. George or the Governor in Council of the Presidency of Bombay, 



Slave-Trade Circular. 


ccxiii 


CmcuLAU Instructions to Commanuees of Her Majesty’s Ships and Vessels for tlie 
receipt of Fugitive Slaves on board Ships, dated 5th December 1875. 

My Lords Commissioners of tbe Admiralty are pleased to issue the fol- 
lowing* Instructions for the guidance of the Commanders of Her Majesty^s 
ships in reference to the receipt of fugitive slaves. 

These Instructions are to be considered part of tlie General Slave-Trade 
Instructions^ and to be inserted at page ^9 of that volume^ with the heading 
of Receipt of Pugitive Slaves/^ but they are also intended for the guidance 
of Commanders of Her Majesty^s ships generally. 

93a. When any person professing or appearing to be a fugitive slave 
seeks admission to your ship on the high seas, beyond the limit of territorial 
waters, and claims the protection of the British flag, you will bear in mind 
that, although Her Majesty’s Government are desirous by every means in 
their power to remove or mitigate the evils of slavery, yet Her Majesty’s 
ships arc not intended for the reception of persons other than their officers 
and crew. You will satisfy yourself, therefore, before receiving the fugitive 
on board, that there is some sufficient reason in tlie particular case for thus 
receiving him. 

98b. In any ease in which, for reasons which you deem adequate, you 
have received a fugitive slave into your ship, and taken him under the protec- 
tion of tbe British flag upon the high seas, beyond tbe limit of territorial 
waters, you should retain liim in your ship, if he desires to remain, until you 
have landed him in some country, or transferred him to some other ship^ 
wlierc his liberty will be recognized and respected. 

93o. Within the territorial waters of a foreign State, you are bound, 
by tlie comity of natioi^s, while maintaining tlie proper exemption of your 
sliip from local jurisdiction, not to allow her to become a shelter for those 
who would be cliargeable with a violation of the law of the place. If, there- 
fore, while your shij) is within the territorial waters of a State where slavery 
exists, a ])crson professing or appearing to be a fugitive slave seeks admission 
into your ship, you will not admit him, unless bis life would be in manifest 
danger if he were not received on board. Should you, in order to save him 
from this danger, receive him, you ought not, after the danger is past, to 
permit him to continue on board ,* but you will not entertain any demand 
for bis suiTender, or enter into any examination as to his status. 

93d. If, while your ship is in the territorial waters of any Chief or 
State in Arabia, or on tlie shores of the Persian Gulf, or on the East Coast 
of Africa, or in any island lying off Arabia or off such coasts or shores, in- 
cluding Zanzibar, Madagascar, and tbe Comoro Islands, any person should 
claim admission to your ship and protection on the ground that he has been 
kept in a state of slavery contrary to Treaties existing between Great Britain 
and the territory, you may receive him until the truth of his statement is 
examined into. In making this examination, it is desirable that you should 
eommunicatc with tlie nearest British Consular authority, and you should be 
guided in your subsequent proceedings by tbe result of the examination. In 
any case of doubt or difficulty, you should apply for further instructions either 

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Slave-Trade Circular. 


to tbe Senior Officer of your Division^ or tlie Commander-in-eliief^ who will^ 
if necessary^ refer to the Admiralty. 

93 E. A special report is to be made of every case of a fugitive slave 
seeking refuge on board your ship. 

By command of their Lordships. 

(Sd.) Veunon Lushington.